Belgium ALDE

Philippe De Backer

Country: Belgium
Group: Alliance of Liberals and Democrats for Europe (ALDE)
Party: Open Vlaamse Liberalen en Democraten (OpenVld)

Member of Transport and Tourism
Substitute of Economic and Monetary Affairs
Substitute of Employment and Social Affairs

Overview Philippe De Backer

Amendments: 3
...stronger: 0
...weaker: 3
...neutral: 0

Amendments by Philippe De Backer

(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal . There is no imbalance when the data are processed by the employer of employees’ personal data in the employment contextin the context of employment or risk protection. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
 
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. There shall be no significant imbalance when the data are processed in the context of employment or contracts protecting against risk.
 
It shall apply from [two years from the date referred to in paragraph 1].] without prejudice to the use of personal data lawfully processed before that date.