The Role of Consent in Legitimising the Processing of Personal Data Under the Current EU Data Protection Framework

Asian Journal of Computer Science And Information Technology 7: 4 August (2017) 76-78

3 Pages Posted: 27 May 2017 Last revised: 10 Sep 2017

See all articles by Sandeep Mittal

Sandeep Mittal

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science; Member, Indian Police Service

Prof. Priyanka Sharma

Raksha Shakti University

Date Written: May 26, 2017

Abstract

A large amount of personal data is being collected in the form of metadata or personal identification data having the potential of invading the privacy of the data subject, even when collected anonymously. The consent is an instrument in the hands of data subjects to control their personal data in the context of EU data privacy framework. The consent plays an important role in legitimising the processing of personal data and EU has place high stakes on this concept at the cost of other legitimising factors like contract, which probably would be a more attractive proposition for market forces. There is a real possibility that by the time GDPR is adopted by member states, the enforcement of the violations of the provisions related to the consent becomes impossible and redundant in view of rapidly evolving information society services.

Keywords: Processing of Personal Data, Personal Data Protection, General Data Protection Regulation (GDPR), Right to Privacy, EU Data Protection Framework, Models of Consent

Suggested Citation

Mittal, Sandeep and Sharma, Priyanka, The Role of Consent in Legitimising the Processing of Personal Data Under the Current EU Data Protection Framework (May 26, 2017). Asian Journal of Computer Science And Information Technology 7: 4 August (2017) 76-78. Available at SSRN: https://ssrn.com/abstract=2975277 or http://dx.doi.org/10.2139/ssrn.2975277

Sandeep Mittal (Contact Author)

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science ( email )

Outer Ring Road, Rohini, Sector 3,
Adjacent to Jaipur Golden Hospital
Delhi, 110085
India

HOME PAGE: http://mittal.one

Member, Indian Police Service ( email )

New Delhi
India

HOME PAGE: http://mittal.one

Priyanka Sharma

Raksha Shakti University ( email )

New Mental Corner
Meghaninagar
Ahmedabad, Gujarat 380016
India

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