Thursday, October 12, 2017

GDPR Regulations Do Not Apply To Deceased Persons

As depicted in an earlier GDPRtooon, GDPR has many derogations (exceptions or exemptions) to the regulations. One of the derogations from the regulation is for the collections personal data on the deceased.

GDPR Citiation (27) states;

"(27) This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules regarding the processing of personal data of deceased persons."

And also mentioned again it GDPR Citation (158);

"(158) Where personal data are processed for archiving purposes, this Regulation should also apply to that processing, bearing in mind that this Regulation should not apply to deceased persons. Public authorities or public or private bodies that hold records of public interest should be services which, pursuant to Union or Member State law, have a legal obligation to acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate and provide access to records of enduring value for general public interest. Member States should also be authorised to provide for the further processing of personal data for archiving purposes, for example with a view to providing specific information related to the political behaviour under former totalitarian state regimes, genocide, crimes against humanity, in particular the Holocaust, or war crimes."

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