ABSENŢA OBLIGAŢIEI DE INFORMARE ATUNCI CÂND PERSOANA VIZATĂ DEŢINE DEJA RESPECTIVELE INFORMAŢII SAU PRELUCRAREA DATELOR ESTE PREVĂZUTĂ DE LEGE
THE ABSENCE OF THE OBLIGATION TO INFORM WHEN THE DATA SUBJECT ALREADY HOLDS THAT INFORMATION OR THE DATA PROCESSING IS PRESCRIBED BY LAW

Summary/Abstract: Since natural persons should have control of their own personal data and it should betransparent that their personal data are processed, in particular when the controller didn’t obtain thepersonal data from the data subject, certain information on the processing operations must beprovided to the latter. However there are circumstances were the obligation to inform the data subject under the GDPR is not applicable. Therefore this article aims to analyze two of these situations: where the data subject already has that information and where the obtaining or disclosure is expressly laid down by law. We will take into account both the provisions of the General Data Protection Regulation and the guidelines issued by Article 29 Data Protection Working Party and endorsed by the European Data Protection Board, without overlooking the Handbook on European data protection law prepared by the EU Agency for Fundamental Rights, with the Council of Europe (together with the Registry of the European Court of Human Rights) and the European Data Protection Supervisor.

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