THE PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA: NATIONAL IDENTIFICATION NUMBER OR ANY OTHER IDENTIFIER OF GENERAL APPLICATION Cover Image

PRELUCRAREA UNOR CATEGORII SPECIALE DE DATE CU CARACTER PERSONAL: CODUL NUMERIC PERSONAL SAU ORICE ALT IDENTIFICATOR CU APLICABILITATE GENERALĂ
THE PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA: NATIONAL IDENTIFICATION NUMBER OR ANY OTHER IDENTIFIER OF GENERAL APPLICATION

Author(s): Silviu Dorin Şchiopu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: personal data; national identification number; identifier of general application; data protection; data processing;

Summary/Abstract: According to article 8 of Directive 95/46/EC, member states determine the conditions under which certain special categories of data - national identification number or any other identifier of general application - may be processed. The Romanian legislator decided that, in principle, the processing of the personal identification number or of other personal data with a general identification function may be carried out only if the data subject has given an express and unequivocal consent or the processing is expressly stated by a legal provision. For a better understanding of this particular data processing, we have chosen to present a recent judicial decision which reversed the lower court's ruling and decided, among others, that a convention concluded between a public transportation company placed under the authority of the City Council and a County Pension House does not constitute a „legal provision” in the sense of the Romanian Law no. 677/2001 on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data.

  • Issue Year: 2017
  • Issue No: 08
  • Page Range: 83-93
  • Page Count: 11
  • Language: Romanian