#materials #special #privacy
Стоит обратить внимание на решение CJEU, содержащее в себе в том числе трактовку определения спец категории ПД.
▫️Article 9(1) of the GDPR provides that, inter alia, processing of personal data ‘revealing’ racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of data ‘concerning’ health or data ‘concerning’ a natural person’s sex life or sexual orientation, are to be prohibited.
▫️The verb ‘reveal’ is consistent with the taking into account of processing not only of inherently sensitive data, but also of data revealing information of that nature indirectly, following an intellectual operation involving deduction or cross-referencing, the preposition ‘concerning’ seems, on the other hand, to signify the existence of a more direct and immediate link between the processing and the data concerned, viewed inherently.
▫️Those provisions cannot be interpreted as meaning that the processing of personal data that are liable indirectly to reveal sensitive information concerning a natural person is excluded from the strengthened protection regime prescribed by those provisions, if the effectiveness of that regime and the protection of the fundamental rights and freedoms of natural persons that it is intended to ensure are not to be compromised.
Article 9(1) of the GDPR must be interpreted as meaning that the publication of personal data that are liable to disclose indirectly the sexual orientation of a natural person constitutes processing of special categories of personal data, for the purpose of those provisions.
💬Источник: Денис Садовников
Стоит обратить внимание на решение CJEU, содержащее в себе в том числе трактовку определения спец категории ПД.
▫️Article 9(1) of the GDPR provides that, inter alia, processing of personal data ‘revealing’ racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of data ‘concerning’ health or data ‘concerning’ a natural person’s sex life or sexual orientation, are to be prohibited.
▫️The verb ‘reveal’ is consistent with the taking into account of processing not only of inherently sensitive data, but also of data revealing information of that nature indirectly, following an intellectual operation involving deduction or cross-referencing, the preposition ‘concerning’ seems, on the other hand, to signify the existence of a more direct and immediate link between the processing and the data concerned, viewed inherently.
▫️Those provisions cannot be interpreted as meaning that the processing of personal data that are liable indirectly to reveal sensitive information concerning a natural person is excluded from the strengthened protection regime prescribed by those provisions, if the effectiveness of that regime and the protection of the fundamental rights and freedoms of natural persons that it is intended to ensure are not to be compromised.
Article 9(1) of the GDPR must be interpreted as meaning that the publication of personal data that are liable to disclose indirectly the sexual orientation of a natural person constitutes processing of special categories of personal data, for the purpose of those provisions.
💬Источник: Денис Садовников
👍4