Re: Lawfulness of processing

On Monday, October 22, 2018 9:49:28 AM CET Simon Steyskal wrote:
> Just out of curiosity, can a EU Member State also >remove< certain
> conditions using national laws? Or similarly, explicitly allow
> the justification of 'legitimate interest' with the help of
> national laws?

Yes, especially Art. 85 GDPR enables Member states to allow certain 
types of data processing in the name of freedom of expression. 
Public law also allows things via Art. 6 (1)e. This has been 
recognised e.g. for the German Kunsturhebergesetz (KUG) that manages 
the right to one's image. 

For legitimate interest, I will refer to Eva. The media industry 
believes they can just continue all the tracking under "legitimate 
interest". I don't believe so and listening to Koen Lenaerts from 
the ECJ, I have even more doubts. A national court will have to 
submit such questions to the ECJ as they have to interpret Union 
Law. And the ECJ will create a somewhat unified interpretation for 
the EU. 

 --Rigo