Part 4: Future-proofing privacy: Justifying Data Uses – From Consent to Legitimate Interests
Grounds for processing
Under the Data Protection Directive, each instance of data processing requires a legal justification – a “ground for processing”. This fundamental feature of EU data protection law remains unchanged under the draft Regulation. However, the bar for showing the existence of certain grounds for processing will be set higher, particularly in relation to consent.
Stringent and uncertain consent rules
For starters, under the draft Regulation, if the data subject’s consent is given…