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DS.04 Vital Interests

 

If the data processing is intended to serve the interests of the data subject, it may certainly be based on the balancing of interests clause of Art. 6 I f GDPR without further ado. In these cases, the rights or interests of the data subject are unlikely to be opposed or even outweighed - as required by Art. 6 I f of the GDPR. Data processing in the interest of the data subject is, however, not separately regulated by the GDPR.

 

An exception to this is data processing for the protection of a particularly weighty Schutzgut: life or vital interests. Under some provisions of the GDPR  processing that serves the vital interests of the data subject is explicitly privileged:

 

Articles: 6 I d, 9 II c, 18 II and 49 I f GDPR.

 

Recitals: 46 and 112 GDPR.

 

Example: Search for missing persons by the International Red Cross.

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Last update: 2021-05-22 12:25:48
By: Winfried Veil
Created at: 2021-05-12 08:31:26