Similar to the Data Protection Act, the GDPR also determines the special categories…
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On İki Levha Yayıncılık
Yayın tarihi: Şubat 2023
Sayfa: 52 - 54
Sercan Sağmanlıgil
Editör:Şahin Ardıyok, Emin Köksal
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II.2.GDPR
In this section, this paper analyses the main rules for the processing of special…
“personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”…
are deemed special categories of personal data.…
On the other hand, the GDPR directly prohibits processing of special categories of…
More specifically, paragraph 2 of Article 9 stipulates the legal grounds for processing…
• the data controller obtains the explicit consent of the data subject(9) • processing is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or of the data subject in the field of employment and social security and social protection Law
• processing is necessary to protect the vital interests of the data subject or another natural person, where the data subject is physically or legally incapable of giving consent;…
• processing is carried out in the course of its legitimate activities(11)…
• processing relates to personal data that is manifestly made public by the data subject;…
• processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity;…
• processing is necessary for reasons of substantial public interest(12)…
• processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services • processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices
• processing is necessary for archiving purposes in the public interest, scientifior historical research purposes or statistical purposes
As it can clearly be seen, exceptional legal grounds under GDPR are quite broad.…
Finally, similarly with the additional security measure provision in the Data Protection…