The legitimate interest in the data processing

Abstract

The judgment of the European Court of Justice on November 24, 2011 declared the direct effect of Article 7.f) of Directive 95/46 / EC. This judgment resolves a preliminary ruling from the Supreme Court of Spain. Returned the matter to the national jurisdiction, the Spanish Court annulled Article 10.2.b) RLOPD for not complying with Article 7.f) of the Directive. But the Supreme Court has no competences to override rules with the force of law. Article 6.2 of the Data Protection Act, which is not in accordance with the same Article of the Directive, has not been canceled. But as the article 7.f) of the Directive has direct effect, the rules of national law that undermine this direct effect become invalid. In this work is analyzed the right way to apply the weighting required by Article 7.f), taking into account the criteria of the Spanish Data Protection Agency and the Working Group on Article 29 of the Directive (essentially through its opinion 06/2014).