PRELUCRAREA DATELOR PERSONALE SENSIBILE INDIRECTE DIN DECLARAȚIILE FISCALE PRIVIND CONFLICTELE DE INTERESE
THE PROCESSING OF INDIRECT SENSITIVE PERSONAL DATA FROM THE DECLARATIONS OF CONFLICTUAL PRIVATE INTERESTS

Summary/Abstract: The paper examines the problematics of processing personal data from the category of indirect sensitive data included in the declarations of private interests, while analyzing the manner under which this issue was addressed in the decision of the C.J.E.U. from August 1st, 2022, in case C-184/20; the commented decision is significantly relevant for the interpretation of the provisions of Article 9, para. (1) GDPR concerning the publication, on the website of the public authority responsible for collecting and checking the content of declarations of private interests, of personal data which may indirectly disclose the sexual orientation of a natural person, and which therefore constitutes processing of special categories of personal data. The case concerned national legislation from a member-state, which rendered mandatory the online publication of documents from the category of the declarations of private interests; these declarations were collected from individuals engaged in upper management of public funds and were lodging name-specific data relating to marital relationship, the identity of a cohabitee, or life-partner, or to persons who are close relatives of the declarant, and which were considered liable to enhance the chances for a pre-existing conflict of interests.

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