Philippe De Backer
|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 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 data are processed by the employer of employees’ personal data in the employment context. 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.
It shall apply from [two years from the date referred to in paragraph 1