Article 7*

Article 7 – Lawfulness of processing

Commission Proposal

Member States shall provide that the processing of personal data is lawful only if and to the extent that processing is necessary:

(a) for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1); or

(b) for compliance with a legal obligation to which the controller is subject; or

(c) in order to protect the vital interests of the data subject or of another person; or

(d) for the prevention of an immediate and serious threat to public security.

EDRi’s proposed amendment

Member States shall provide that the processing of personal data is lawful only if and to the extent that processing is necessary for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1) and not further processed in a way that is incompatible with these purposes.

(a) for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1); or

(b) for compliance with a legal obligation to which the controller is subject; or

(c) in order to protect the vital interests of the data subject or of another person; or

(d) for the prevention of an immediate and serious threat to public security.

Justification

In the logic of the Directive, grounds for lawfulness (b) to (d) in this Article should be exceptions, contained in a self-standing provision (the new Article 7a). The reason is that points (b) to (d) can also refer to situations in which data are processed for incompatible purposes, while this Article lays out the conditions for lawfulness of the initial processing. The proposed wording with its reference to incompatibility of purposes is based on Article 4 point (b) of this Directive and the equivalent provision in the proposed General Data Protection Regulation (Articles 5 and 7), while the notion of compatibility is further explained in our proposed recital 20a. See also pts. 330 to 339 of the EDPS opinion.

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