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Re: Fwd: Re: Taxonomy of legal bases

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>
Message-ID: <a35428b9-16a9-500b-7f34-89eaac0c3579@harshp.com>
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 -
     legal basis where valid explicit consent is NOT required
     legal basis where valid explicit consent IS required

as not -
     legal basis where valid consent is required
     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

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