In continuation to our last post (link here- https://worldprivacylaw.com/?p=863) now we shall discuss with those other certain situations which may arise during processing of certain types and about which chapter deals with. In today’s article we will discuss the followings-
1) Processing of the national identification number (Art.87)
2) Processing in the context of identification (Art.88)
1) Processing of the national identification number (Art.87)
Article 87 states that member states may determine the specific conditions for the processing of a national identification number or any other identifier of general application. In this case the national identification number or any other identifier of general application must be used only under appropriate safeguards for the rights and freedoms of the data subject as per GDPR.
2) Processing in the context of identification (Art.88)
Article 88 states that member state has discretion as per law and by collective agreements to provide for more specific rules to ensure the protection of rights and freedom in respect of the processing of employees’s personal data in the employment context, particularly for the purposes of the recruitment, the performance of the contract of employment, including the discharge of obligations laid down by law or be collective agreements, management, planning and organisation work, equality and diversity in the workplace, health and safety at work, protection of employer’s or customer’s property and for the purposes of the exercise and enjoyment, or an individual or collective basis, of rights and benefits related to employment, and for the purposes of the termination of the employment relationship.
The rules made by member states must include suitable and specific measures to safeguard the data subject’s human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of undertakings, or a group of enterprises engages in a joint economic activity and monitoring systems at the workplace.
It further states that each member state must notify the commission about those provisions of its law which it adopts under this article by 25th May 2018 and without delay and subsequent amendment affecting them.
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