When precisely is a data controller lawfully permitted to process personal data?
If a data controller does not have the consent of a data subject to process his or her data, when does the “legitimate interest” condition bite?
These are the million-dollar questions that the many EU entities (as well as those farther afield) that process data grapple with on a daily basis.
The EU Data Protection Directive (95/46/EC) sets out six grounds on which EU data controllers can lawfully process personal data. In addition to consent, the processing being “necessary” for the performance of a contract and so on, Article 7(f ) of the Directive also lists “legitimate interests” as a basis for lawful processing of personal data.
Originally published in World Data Protection Report on June 7, 2014.
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Topics: Cybersecurity, Data Controller, EU, EU Directive, Legitimate Business Interest, Personally Identifiable Information, Prior Express Consent
Published In: General Business Updates, Consumer Protection Updates, International Trade Updates, Privacy Updates, Science, Computers & Technology Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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