1 Amendments of Kent JOHANSSON related to 2012/0011(COD)
Amendment 222 #
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. Thiso ensure clarity, the Data Protection Board will set out comprehensive guidelines on what can be defined as "legitimate interest". Processing would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.