PRELUCRAREA DATELOR CU CARACTER PERSONAL ÎN SCOPUL EVITĂRII ȘI GESTIONĂRII SITUAȚIILOR DE CONFLICT DE INTERESE

In the absence of an express legal obligation that obliges the data controller to prevent conflicts of interests in its organization, there were often raised in the judicial practice problems related to the existence of a legitimate purpose of data controllers in Romania to process the personal data of the candidates within a process of recruiting the future employees, respectively their family members, affiliates or even close persons, namely of the actual possibility to comply the data controller’s obligation to inform the data subject, being whether a candidate or a person close to them. The same problems arise also in case a potential or actual conflict of interests occurs during the execution of an individual employment contract, thus while the data subject is employed by the data controller. This study therefore seeks to expose the main issues related to the fulfilment of the legal requirements applicable to personal data processing operations performed for the purpose of managing conflicts of interests both in the public sector and in the private sector, aiming at ascertaining the existence of a legitimate purpose, of the legal basis applicable to such a process in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), but also the rights of the data subject, respectively the data controller’s obligations