Recital 45
General Data Protection Regulation · UE 2016/679
| (45) | Where processing is carried out in accordance with a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, the processing should have a basis in Union or Member State law. This Regulation does not require a specific law for each individual processing. A law as a basis for several processing operations based on a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of an official authority may be sufficient. It should also be for Union or Member State law to determine the purpose of processing. Furthermore, that law could specify the general conditions of this Regulation governing the lawfulness of personal data processing, establish specifications for determining the controller, the type of personal data which are subject to the processing, the data subjects concerned, the entities to which the personal data may be disclosed, the purpose limitations, the storage period and other measures to ensure lawful and fair processing. It should also be for Union or Member State law to determine whether the controller performing a task carried out in the public interest or in the exercise of official authority should be a public authority or another natural or legal person governed by public law, or, where it is in the public interest to do so, including for health purposes such as public health and social protection and the management of health care services, by private law, such as a professional association. |
In Luxembourg, the law of 1 August 2018 on the organisation of the CNPD and the implementation of the GDPR specifies several sector-specific legal bases (public sector, health, scientific research) that operationalise Recital 45. For municipal administrations and public bodies, legal anchoring must also be consistent with the amended municipal law and sector-specific organic laws. During thematic audits, the CNPD systematically checks that each 6(1)(c) or 6(1)(e) processing cites a precise and up-to-date Legilux article.
Luxgap practice: for Luxembourg public entities, we pre-map standard legal anchors (municipal law, civil service general statute, social security code) and detect orphan processings within 48 hours.