Corresponding Prohibitive concept for Legal Basis

Hi.

In DPV, we have 'Legal Basis' as the concept that symbolises a 
'permission' or 'justification' for why processing of (personal) data is 
allowed. In law, there may be a counter-concept similarly symbolising a 
'prohibition' or 'justification' for why the processing must NOT be allowed.

For example, in GDPR, we have Art.6 stating 'permissive justifications' 
i.e. one of these must apply. Inverting this, we would get "processing 
is allowed except for these cases". We have permissions and prohibitions 
- so an organisation or individual can manage this as part of their 
policy i.e. express is as a Rule.

The question is how to model these as 'legal clauses' and if there are 
examples of such prohibitive legal requires that we need to model. This 
is an open question as we currently have no necessity of modelling these 
concepts.

Regards,
-- 
---
Harshvardhan J. Pandit, Ph.D
Assistant Professor
ADAPT Centre, Dublin City University
https://harshp.com/

Received on Tuesday, 27 June 2023 06:41:55 UTC