Nariadenie GDPR a otvorené dáta - Stretnutie s ÚOOÚ - problémové okruhy

dosla odpoved z EK, je na original linku tu vyssie, dal by som aj link ale kedze odpoved je vo worde radsej som to sem skopiroval

EN E-001142/2018 Answer given by Ms Jourová on behalf of the Commission (7.6.2018)
Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information states that its provisions should be implemented and applied in full compliance with the principles relating to the protection of personal data. As far as open data are personal data, i.e. related to an identified or identifiable natural person, any processing of personal data must comply with the applicable legislation on the protection of personal data. The General Data Protection Regulation (GDPR) which entered into application on 25 May 2018 provides for data protection rules that are directly applicable in the Member States. The current Slovak law on the protection of personal data must therefore be brought in line with the GDPR.

The lawfulness of the processing of personal data does not only rely on consent of the data subject as a legal basis. Article 6(1)(b) to (f) provide other lawful legal bases, besides consent. Among others, processing of personal data is lawful in case it is necessary for the performance of a task carried out in the public interested or in the exercise of official authority vested in the controller. The basis for such processing shall be laid down by the Union or Member State law.

Accordingly, national legislation may set rules on the re-use and/or pooling of personal data under condition that specific tasks are given in the public interest by law to the non-profit body in question, if the processing of personal data is necessary for the performance of that task. Apart from the establishment of the appropriate legal basis, other relevant data protection rules must be complied with, taking into account in particular the risks for the rights and freedoms for data subjects .

1)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, and repealing Directive 95/46/EC (General Data Protection Regulation)
2)The Opinion of the Article 29 Working Party 06/2013 on open data and public sector information ('PSI') reuse -WP 207 (05.06.2013)
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