In order to ensure full information of the general public with reference to the conditions for processing personal data we mention that the existence of the individual’s consent represents the general rule for using personal data at European and national level, according to the legal requirements. However, according to Article 5 (2) of Law no. 677/2001, the consent is not required in the following situations:
- when the processing is required in order to carry out a contract or an agreement previous to that contract to which the data subject is party of, or in order to take some measures, at his request, before signing that contract or previous agreement;
- when the processing is required in order to protect the life, physical integrity or health of the data subject or of a threatened third party;
- when the processing is required in order to fulfill a legal obligation of the data controller;
- when the processing is required in order to fulfill certain measures of public interest or regarding the exercise of the prerogatives of public authority of the data controller or of the third party to which the date are disclosed;
- when the processing is necessary in order to fulfill a legitimate interest of the data controller or of the third party to which the date are disclosed, on the condition that this interest does not prejudice the interests or the fundamental rights and freedoms of the data subject;
- when the processing concerns data which are obtained from publicly accessible documents, according to the law;
- when the processing is performed exclusively for statistical purposes, historical or scientific research and the data remain anonymous throughout the entire processing.
In the same time we mention that the processing of personal data means any operation that is performed upon personal data, by automatic or non-automatic means, such as: data collection, retention, alteration, retrieval, usage, disclosure and deletion.
The processing of personal data through automatic means, including the ones carried out on the Internet, are subject to the provisions of Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
Moreover, we state that according to Article 2 (6) of Law no. 677/2001 this law does not apply to personal data processing, carried out by natural persons exclusively for their use, if the data in question is not intended to be disclosed.
The National Supervisory Authority for Personal Data Processing underlines once again the importance of observing the fundamental right to privacy within the framework of personal data processing, taking into account that one of the essential objectives of our institution is to ensure an efficient protection of the personal data.
In this context, we highlight the necessity of observing the legal requirements for the processing of personal data including the ones in the online environment in order to prevent certain possible breaches of the right to privacy.