In our last articles we discussed provisions related to specific processing and several such specific occasions we discussed and dealt with which regulations mandate the compliance of. In today’s article we shall deal with one of the most important aspects of Privacy regulation compliance and which is –
A) The observation of secrecy
B) Regulations dealing with the churches and Religious Associations
A) The observation of secrecy
Under article 90 of GDPR it is provided that member states may adopt specific rules to set out the powers of the supervisory authorities laid down in points (e) and (f) of article of article 58(1) in relation to controller or processors that are subject, under Union or Member State law or rules established by national competent bodies, to an obligation of professional secrecy or other equivalent obligations of secrecy where this is necessary and proportionate to reconcile the rights of the protection of personal data with the obligation of secrecy.
The rules made by the Union or Member State must apply only with regard to personal data which the controller or processor has received as a result of or has obtained in an activity covered by that obligation of secrecy.
Each Member State must notify to the Commission the rules adopted pursuant to para 1, by 25th May 2018 and, without delay, subsequent amendment affecting them.
B) Regulations dealing with the churches and Religious Associations
Article 91 of GDPR says that where in a member state, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of natural persons with regard to processing, such rules may continue to apply, provided that they are brought into line with GDPR.
Churches and religious associations which apply comprehensive rules in accordance with para 1 of art. 91 shall be subject to the supervision of an independent supervisory authority, which may be specific, provided that it fulfils the conditions as more precisely mentioned under chapter VI (Independent Supervisory Authorities) of GDPR.
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