The Article 29 Data Protection Working Party – an independent advisory body of the European Commission whose main goal is provision of documents (the so-called instructions and guidelines) providing explanations of the most fundamental provisions of the new General Data Protection Regulation (the GDPR) – has recently issued two long-awaited instructions regarding the consent and transparency of personal data processing.
The first instruction focuses on the conditions and requisites of the consent which need to be in agreement with the personal data processing so that it could be awarded in accordance with the GPDR. The document deals with the requirements of the regulation pointing out that the consent to process personal data needs to be granted freely, specifically, unambiguously and in an informed manner by the subject in question. Also, it is stressed that assents given in accordance with the current law will be valid even after the new regulation becomes effective as long as they meet the GDPR requirements. The 29 Working Party strongly recommends analyzing the current assents if they do so or whether new legal titles to process the personal data are to be obtained after 25 May 2018.
The other document deals with the transparency of personal data processing, i.e. the information that needs to be communicated to the subject in question so that processing of the data is perfectly transparent. The instruction offers a detailed description of all the information and other requirements and contains examples of insufficient provided information.
English version of both documents may be found on the website of the Office for personal data protection: https://www.uoou.cz/pracovni-skupina-wp29-vydala-tri-dokumenty-k-obecnemu-narizeni-o-ochrane-osobnich-udaju/d-21750 .
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