THE LEGAL INTEREST, LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA AND THE RIGHT TO PRIVATE LIFE
THE LEGAL INTEREST, LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA AND THE RIGHT TO PRIVATE LIFE

Summary/Abstract: In order to increase the protection of the right to privacy and the protection of personaldata, norms have been adopted at European and national level. The right to privacy cannotreceive a complete definition, covering all its meanings. We can talk about physical and socialidentity, but in the context of technological discoveries and social developments, theinterpretation of the concept is much broader. However, this right must be correlated with theright to the protection of personal data. In other words, the protection of personal data is offundamental importance for a person to enjoy the right to privacy within the meaning of Article8 of the Convention. The national laws should guarantee that the use and transmission ofpersonal data of a person is done in an appropriate framework, which is not incompatible withthe provisions of the article we mentioned above.Lately, there has been a constant and growing interest of companies to avoid consent andto rely on the legitimate interest as the legal basis for the processing of personal data. Theorganizations have the obligation to analyze whether the legitimate interest in processing doesnot affect the right to privacy of the data subjects. Thus, they must carry out an assessment of thelegitimate interest. If the organizations consider that the legitimate interest prevails over thefundamental right to the privacy of the data subjects, it is necessary to take special additionalmeasures. DPIA (data protection impact assessment) is a process designed to describe theprocessing, to evaluate the need for processing and to contribute to the management of the risksto the rights and freedoms of the data subjects resulting from the processing of personal data, byevaluating them and establishing measures to mitigate them.

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