CONSEQUENCES OF THE EXCESSIVE REQUIREMENT OF THE CONSENT WITH THE PROCESSING OF PERSONAL DATA

In the context of the processing of personal data it is important to distinguish between the situations when the consent of the data subject is necessary and when there is no need of such consent. The Office for Personal Data Protection (of the Czech Republic) has recently given its statement regarding the situations where a controller requires the consent although it is not necessary.

According to The Office for Personal Data Protection, such consent is not only unnecessary, but also confusing or even misleading. The data subject could think that his personal data are processed on the grounds of his will. But it is not true because his personal data will be processed despite his disagreement with the processing of personal data.

This kind of behaviour of the controller is in contradiction with the Act No. 101/2000 Coll., on the protection of personal data and measures of remedy as well as a fine can be imposed to the controller of personal data.