A fundamental condition for a lawful processing is that the data subject receives an adequate Information on the processing before giving the consent or during the collection if the consent is not necessary.
The Information should include the following indications:
- Data subject’s identity;
- Purposes of the processing;
- Judicial base of the processing;
- Any legal or contractual obligations and consequences of the rejection;
- Field of movement of data for recipients;
- Duration of the processing;
- Any decisional procedure based uniquely on an automatized processing;
- Rights of the data subject.
The Information should not to be necessarily written even if it should be so because it furnishes the proof of its content and the of the fact of being given.
It is advisable that the Information is in two parts: one concise indicating its minimum content and a longer one, linked to the first.
The Information should be clear. It is better to use simple colloquial expressions rather than a technical legal language too much articulated.
The right of the data subject are:
- Right to access data concerning him;
- Right to rectification and integration of data;
- Right to restriction of processing only to storage;
- Right to the withdrawal of consent;
- Right to erasure of data and right to be forgotten;
- Right to oppose the processing, but only in specific cases;
- Right to data portability processed in a structured manner.
The consent should be informed, free, specific, unambiguous and expressed.
It does not have to be written, but it should clearly demonstrate the willing of the data subject to consent to the processing. The consent should be given for each type of processing. As a consequence, the consent given for the storage of tax data is not appropriate to consent the usage of the same data for marketing purposes.
In case of sensitive data for decisional activities based on automatic processing and in case of data transfer to a non-appropriate third country or an international organization, the consent should also be “explicit”.