THE LEGAL INTEREST, LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA AND THE RIGHT TO PRIVATE LIFE

Authors

  • Carmen-Oana Mihăilă
  • Mircea Mihăilă

Abstract

In order to increase the protection of the right to privacy and the protection of personal data, norms have been adopted at European and national level. The right to privacy cannot receive a complete definition, covering all its meanings. We can talk about physical and social identity, but in the context of technological discoveries and social developments, the interpretation of the concept is much broader. However, this right must be correlated with the right to the protection of personal data. In other words, the protection of personal data is of fundamental importance for a person to enjoy the right to privacy within the meaning of Article 8 of the Convention. The national laws should guarantee that the use and transmission of personal data of a person is done in an appropriate framework, which is not incompatible with the provisions of the article we mentioned above.

Lately, there has been a constant and growing interest of companies to avoid consent and to rely on the legitimate interest as the legal basis for the processing of personal data. The organizations have the obligation to analyze whether the legitimate interest in processing does not affect the right to privacy of the data subjects. Thus, they must carry out an assessment of the legitimate interest. If the organizations consider that the legitimate interest prevails over the fundamental right to the privacy of the data subjects, it is necessary to take special additional measures. DPIA (data protection impact assessment) is a process designed to describe the processing, to evaluate the need for processing and to contribute to the management of the risks to the rights and freedoms of the data subjects resulting from the processing of personal data, by evaluating them and establishing measures to mitigate them.

Issue

Section

Studies and Articles