ABSTRACT
Lawful data processing is not merely a question of compliance with the General Data Protection Regulation. Rather, data processing is often subjected to overlapping regulatory requirements, deriving from multiple legislative instruments. For this reason, understanding the relationship between the GDPR and other legislation which impacts data processing is a crucial component of data protection law. This chapter will engage with some of the key ways in which the GDPR intersects with other legislation in this area.
This chapter considers three key intersections between the GDPR and other legislation which requires data processing. First, the formal relationship between the GDPR and other legislation which mandates data processing is considered, and the function of Articles 6 and 23 of the GDPR is explained. Second, I consider the intersection between such legislation and the rights to respect for private life and to protection of personal data, and observe that these rights subject relevant legislation to a second tier of legal scrutiny. Finally, some of the new digital governance legislation merging from the EU is considered, and some thoughts are offered on the challenges of reconciling such new legislation with the GDPR.
Nolan, Katherine, Data Protection’s Intersections: Reconciling Data Protection Requirements with Regulated Data use Beyond the GDPR (December 26, 2024). Appears in RÁ Costello and M Leiser (eds), Critical Reflections on the EU’s Data Protection Regime: GDPR in the Machine (pp 177-194) (Oxford: Hart Publishing), http://dx.doi.org/10.5040/9781509977871.ch-008.
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