Main Categories | Law | GDPRSchutzgüter:Public Interest

P.02 Blanket Clauses

The GDPR contains numerous references to the public interest. A distinction is made between

 

Processing obligations = legal obligations that are in the public interest (Art. 6 I c GDPR)

 

Obligations to perform tasks = tasks that are in the public interest (Art. 6 I e Alt. 1 GDPR)

 

Processing authorisations = exercise of official authority that is in the public interest (Art. 6 I e Alt. 2 GDPR)

 

A distinction is also made between (simple) public interest and important/substantial public interest:

 

- Public interest (eg Art. 6 I e)

- Exercise of official authority (eg Art. 6 I e)

- Reasons of substantial public interest (Art. 9 II g)

- Reasons of important public interest (Art. 18 II)

- Important objectives of general public interest (Art. 23 I e)

- Important grounds of public interest (Art. 28 III a)

- Important reasons of public interest (Art. 49 I d)

 

The GDPR contains only a few provisions that directly regulate the admissibility of data processing in the public interest:

 

Articles: 6 I c/e, 9 II,  17 III b, 18 II, 23 I e, 28 III a and 49 I d GDPR.

 

Recitals: 73 and 112 GDPR.

 

As a rule, specific provisions in the law of the Union or the Member States are required (cf. Art. 6 III 1 GDPR).

Authors
Winfried Veil
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Last update: 2021-05-22 12:48:57
By: Winfried Veil
Created at: 2021-05-12 13:17:40