[gnso-rds-pdp-wg] Fwd: Article 29 Data protection working party opinion on legitimate interests of the Data Controller

[Rob Golding]

> http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp217_en.pdf
> [1].
> Pages 27-30, in my view, are particularly relevant to our discussions,

The Charter of Fundamental Rights
Since the Lisbon Treaty entered into force on 1 December 2009, the 
European Union Charter
of Fundamental Rights ('the Charter') enjoys 'the same legal value as 
the Treaties'.16 The
Charter enshrines the protection of personal data as a fundamental right 
under Article 8,
which is distinct from the respect for private and family life under 
Article 7. Article 8 lays
down the requirement for a legitimate basis for the processing. In 
particular, it provides that
personal data must be processed 'on the basis of the consent of the 
person concerned or some
other legitimate basis laid down by law'.17 These provisions reinforce 
both the importance of
the principle of lawfulness and the need for an adequate legal basis for 
the processing of
personal data.

TL:DR summary of the 1st half of the doc....

There's a balance between the requirements of the organisation 
collecting/processing data and the person whose data it is, and if there 
is *any* disagreement between those, the person's requirements always 
win - the default position has to be dont collect it, dont use it, and 
certainly dont publish it

Rob