Personal Data Protection in the EU – Legislation and Practices
Some of the topics that have been the focus of attention of citizens and data controllers alike are the importance of personal data protection, of obtaining consent for data processing, of the purposes of lawful and justified data processing and transfer as well as the determination of the public and legitimate interest for processing personal data.
At a training session intended to raise the capacity of the Office of the Commissioner for Information of Public Importance and Personal Data Protection, Rosana Lemut Strle, personal data protection expert from Slovenia, spoke about the importance of personal data protection in the EU member states‘ legislation and practice, and about proposals for improving domestic practices and legislation in this field.
The training topics were divided into separate segments on consent, contract enforcement, legal obligation of the controller, protection of the vital interests of the data subject, public interest and legitimate interest, with particular reference to the guidelines provided in the General Data Protection Regulation (GDPR), as well as the detailed Guidelines 05/2020 of the European Data Protection Board (EDPB) on consent under Regulation 2016/679 from May 2020. Examples from EU practice were presented to illustrate how to select the right legal basis, the differences between them, and how the choice of legal basis for processing personal data can affect the position of individuals and their rights related to the protection of their personal data, along with considerations concerning the protection of personal data.
Special attention was devoted to the legal basis and purposes for processing personal data, the aim of which is to restrict the excessive, disproportionate processing of personal data by the state (authorities) that could be imposed on individuals, taking into account their position. The interpretation of the public interest, in this context, constitutes the legal basis for all purposes of personal data processing by public authorities and institutions. In this regard, the legitimate interest as a legal basis for processing personal data must be proven. The processing of personal data based on the vital interest of another natural person should in principle take place only where the processing cannot be manifestly based on another legal basis.
The Commissioner for Information of Public Importance and Personal Data Protection, Milan Marinović, particularly emphasized the importance of outreach training in personal data protection. The training will be implemented in the coming period under the project “Support for Strengthening Rule of Law in Serbia”, in 15 selected local self-government units. The importance of panel discussions on the topic of personal data protection was also stressed, with the aim of raising the awareness of the general public and informing citizens.
Project "Support for Strengthening Rule of Law in the Republic of Serbia" (EU FOR THE FIGHT AGAINST CORRUPTION AND FOR FUNDAMENTAL RIGHTS) is financed by the EU, German Federal Ministry for Economic Cooperation and development (BMZ) and Austrian Development Cooperation (ADC), and the implementation of project’s activities regarding personal data protection is in charge of Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.