European Data Protection Law and Regulation - Lawful Processing Criteria

6 important questions on European Data Protection Law and Regulation - Lawful Processing Criteria

In order for consent to be specific the controller must apply what?

  1. Purpose specification
  2. Granularity in consent request
  3. Clear separation of information

How long does consent remain valid?

Recommendation is to regularly refresh consent. UK proposed 2 year term.

What approach does the GDPR take with regards to processing special categories of data?


Prohibited, unless some demands are met.
Art. 9(1)
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In which cases is processing special categories of data allowed?

  1. explicit consent
  2. Needed for employment and social security
  3. Necessary to protect the vital interests of the data subject who is incapable of giving consent
  4. Legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body: political/philosophical/religious/trade union
  5. If made public by data subject
  6. Reasons of substantial public interest (not further defined)
  7. Medicine, assessment of the working capacity of the employee, medical diagnoses, healthcare
  8. Public interest in the area of public health
  9. Archiving purposes in the public interest, scientific, historical, statistic purposes

Art 9(2)

When does a controller not need identification of the data subject?


When the intention is not to identify the data subject in personal data
Art. 11

Who is only allowed to process data relating to criminal convictions and offenses?


Only under the control of an official authority
ARt 10

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