| Popis: |
This article considers the possibility of an economic valorisation of personal data without the consent of data subjects but rather, alternative legal bases such as article 6(1)(b) of the GDPR (performance of a contract), or article 6(1)(f) GDPR (legitimate interest of the controller). For article 6(1)(b), the concept of exchange-commerce and RTM is contemplated, where consideration is paid by the data subject, allowing (like a license) the temporary use of some personal data for profiling and/or marketing purposes by the controller. While several remuneration models can exist, the main focus of jurists should be on making these models safe and balanced for data subjects, rather than prohibiting them. Moreover, when considering the legitimate interest of the controller, rather than it being recognized only as a 'quasi' right if harmless and indifferent to the rights of data subjects, this legal base can implement the "bridge of crossing and balancing" between privacy and fundamental rights and freedoms. Consequently, instead of anchoring to the idealization of consent as the only legal basis suitable for legitimizing the commercial exploitation of personal data, the focus should be on the accountability of the controllers of the processing as well as safeguarding data-driven fundamental rights and freedoms, without suffocating, but indeed encouraging economic initiative and innovation. |
