Legal limits for OPEN DATA or how it goes beyond meeting the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
We have translated it with the author’s permission and are making it available.
We publish this analysis with the author’s consent in order to provide legal argumentation for non-governmental organizations and journalists who process data from published registers. To this extent, the law firm Nechala & Co., sro provides consent to its use.
This analysis was prepared to answer
The question of whether the processing of personal data that is part of the so-called Open Data is possible after May 25, when the GDPR regulation comes into effect.
The source of the processed personal data is public registers. These are official registers of state institutions (such as the Commercial Register, iraq telegram data the Trade Register, etc.). Public registers available to an indefinite group of users (such as the Commercial Register. The Trade Register, etc.), and also registers that are available only upon special request and for a fee (e.g. the Central Register of Executions).
The personal data that is processed
The content of information that is freely and free of charge (exceptionally for a fee in the case of the Central Register of Executions) available to everyone under the same conditions, the so-called
open data, or Open Data. Open data is made available on the Internet in a structured form that enables its mass machine processing.2
Currently, what is shopify pricing? it is possible to process personal data contained in the so-called Open Data, namely on
Such processing of personal data will continue to be possible, turkey data but it will be necessary to find another legal basis for it.
The basic principles of personal data processing under the GDPR include the lawfulness of processing.5.
conditions:
- the data subject has consented to the processing of his or her personal data for one or more
several specific purposes; 6
- the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; 7
- the processing is necessary for compliance with a legal obligation of the operator;8
- processing is necessary to protect the vital interests of the data subject or of another natural person; 9.
The conditions defined
Article 6 of the GDPR are the legal bases on which personal data may be processed. Each operator must determine the specific legal basis on which it processes personal data.
It is necessary to investigate whether Open Data can be processed based on any of the above
legal bases. The legal bases listed in the GDPR are designed in principle to be equivalent. However, according to the opinions of the professional community, the principle of priority choice of a specific legal basis should apply
(Article 6(1)(b) to (e) GDPR) and only in the event that such a legal basis does not exist, should
the operator should examine whether processing is possible on the basis of legitimate interest (Article 6(1)(f) GDPR).