| ID | 1.5.1 |
| Title | Legal requirements Privacy - Permission to process private data by law or by declaring consent |
| Expert | Serge Gutwirth (VUB) Christoph Schnabel (UOK) |
| Priority | mandatory |
| Description | All processing of personal data is generally prohibited and can only be legitimised by law or by the data subject's unambigious declaration of consent. Law legitimises the processing of personal data if it is necessary - for the performance of a contract to which the data subject is party. - for compliance with a legal obligation to which the controller is subject. - to protect the vital interests of the data subject. - for the performance of a task carried out in the public interest.* - for the purposes of the legitimate interests pursued by the controller.* *) in the latter two cases the data subject can object to the processing of personal data related to him/her, cf. R 1.5.4 Thus SPICE needs the End-User's consent or one of the above mentioned legal grounds for the processing of any data related to an identifiable natural person. |
| Rationale | Relevant to assess the lawfulness of operation of SPICE |
| Type | non-functional |
| Depends on | 1.5.0 - General Legal requirement-completeness and comprehensiveness of regulatory requirement is impossible. |
| Child dependencies | 1.4.1 - User's Privacy rules (Open market) 1.4.3 - Portability of user profile 3.1.3 - User rules 3.1.4 - Terminal Synchronization 4.1.5 - Management and Provision of Service and Situation-dependent User Data 4.2.1 - Discovery and Exchange of Distributed Context Information; subscription and polling 4.2.2 - Gathering, Aggregation and Interpretation from Multiple Distributed Context Sources, derivation of knowledge 4.2.3 - Context Queries based on Semantic Context Schema and QoC 4.2.10 - Access, Storage, Processing and Distribution Rights 6.3.2 - Privacy rules for special cases 7.3.1 - User Policies and Provider Policies 8.1.1 - Restricted and parametrizable access to user profile/ data 8.1.5 - No user location tracking w/o user's explicit consent |
| Environment | |
| Other_info | |
| Category | regulatory |
| Subcategory | Privacy |
| Subcategory2 | |
| Scenario_scene | unified.scene5 |
| SPICE_value | |
| Demo | |
| Keywords | privacy;data protection |
| Home |