- From: Harshvardhan J. Pandit <me@harshp.com>
- Date: Tue, 9 Apr 2019 13:10:08 +0100
- To: Eva Schlehahn <uld67@datenschutzzentrum.de>, Data Privacy Vocabularies and Controls Community Group <public-dpvcg@w3.org>
Hi Eva. On 09/04/2019 12:51, Eva Schlehahn wrote: > So my compromise suggestion is now: Instead of acknowledging the two > different cases by naming them 'explicit' and 'regular' consent, we > could rather call them 'explicit' and 'non-explicit' consent. Problem > solved! :) Okay. So our terms will be - A6(1)(a)-non-explicit-consent legal basis where valid explicit consent is NOT required A6(1)(a)-explicit-consent legal basis where valid explicit consent IS required as not - A6(1)(a) legal basis where valid consent is required A6(1)(a)-explicit-consent legal basis where valid explicit consent is required > One additional comment with regard to Art. 22 para 2 (c) and Art. 49 > para. 1 (a) GDPR - these are NOT legal bases on their own! Rather, they > describe situations where e.g. consent based on Art. 6 para 1 (a) is > possible, but which trigger the additional condition that it needs to be > the explicit version of this consent. I'm curious - why is A9(2)(a) treated as a legal basis but not A22(2)(c) and A49(1)(a) ? Doesn't A9 also state conditions where the explicit version of consent in A6(1)(a) is needed? i.e. use of special categories of personal data In my mind, I'm seeing this as - ------------------------------------------------------------------ consent for: legal basis special case legal basis ------------------------------------------------------------------ personal data A6(1)(a) special categories A9(2)(a) ------------------------------------------------------------------ data transfer A6(1)(a) third country transfer A49(1)(a) ------------------------------------------------------------------ Of course there are more conditions to A49 such as safeguards etc. -- --- Harshvardhan Pandit PhD Researcher ADAPT Centre Trinity College Dublin
Received on Tuesday, 9 April 2019 12:11:15 UTC