The processing of indirect sensitive personal data from the declarations of conflictual private interests

Abstract

The paper examines the problematics of processing personal data from the category of indirect sensitive data included in the declarations of private interests, while analyzing the manner under which this issue was addressed in the decision of the C.J.E.U. from August 1^st, 2022, in case C-184/20; the commented decision is significantly relevant for the interpretation of the provisions of Article 9, para. (1) of General Regulation 2016/679 concerning the publication, on the website of the public authority responsible for collecting and checking the content of declarations of private interests, of personal data which may indirectly disclose the sexual orientation of a natural person and which therefore constitutes processing of special categories of personal data. The case concerned national legislation from a member-state, that provides for the publication online of the declaration of private interests that any head of an establishment receiving public funds is required to lodge name-specific data relating to his or her spouse, cohabitee, or partner, or to persons who are close relatives of the declarant, liable to give rise to a conflict of interests.