Is There a Right of Option Between the Processing of Personal Data Legal Bases Regarding General data Protection Regulation 2016/679?

Authors

  • Maria DUMITRU Associate Professor PhD, Faculty of Law and Administrative Sciences

Keywords:

Personal data processing, legal basis, personal data.

Abstract

In order to ensure the protection of personal data and privacy through Regulation 2016/679 on data protection, several legal bases have been established that may underpin the legal collection and processing of personal data. In this article, we proposed to analyze if there is a hierarchy of them, a legal order of application or on the contrary, if there is a right of choice between the bases and, in this last situation, which is the concrete way in which the right of option is exercised.

References

Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) of 27 April 2016, published in The Official Journal of Union L119 of May 4, 2016, entered into force on May 25, 2018.

Directive 95/46/EC of the European Parliament and of the Council regarding the harmonizing of the level of protection of the fundamental rights and freedoms of natural persons with regard to processing activities and ensuring the free movement of personal data between Member States, published in The Official Journal of the Union no. L281 of November 23, 1995, pp. 31-50.

Carvalho AC, Martins R, Antunes L. How-to Express Explicit and Auditable Consent, 16th Annual Conference on Privacy, Security and Trust (PST); 2018.

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Published

2019-12-11

How to Cite

DUMITRU, M. (2019). Is There a Right of Option Between the Processing of Personal Data Legal Bases Regarding General data Protection Regulation 2016/679?. European Journal of Law and Public Administration, 6(2), 286-294. Retrieved from https://lumenpublishing.com/journals/index.php/ejlpa/article/view/2352

Issue

Vol. 6 No. 2 (2019): European Journal of Law and Public Administration

Section

International Law. European Law. Comparative Law.

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