De unde provine falsa supremaţie a consimţământului ca temei legal al prelucrării datelor personale?
Where does the false supremacy of the consent as a lawfulness of processing personal data come from?
Author(s): Marius Dumitrescu, Daniela CireaşăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: consent under GDPR; data subject rights on using consent as a legal basis; guide on consent under GDPR;
Summary/Abstract: Consent is not the main legal basis for processing personal data; its use must be an exception and only after verifying all the conditions for validity and also passing the processing through GDPR’s fundamental principles. General Data Protection Regulation has fundamentaly changed the paradigm of the hierarchy as resulted in the 95/46/EC Directive that we were used to, replacing it with the equality between the legal basis for the processing. Moreover, the consent should be used as a legal basis only after the impossibility of applying the other 5 legal basis for the processing of personal data has been verified. Is there an explanation for the consent’s supremacy as a legal basis for processing personal data?
Journal: Revista română pentru protecţia şi securitatea datelor cu caracter personal
- Issue Year: 2020
- Issue No: 02
- Page Range: 111-117
- Page Count: 7
- Language: Romanian
- Content File-PDF