범죄경력 및 범죄행위 또는 제6조(1)에 근거한 보안조치와 관련한 개인정보의 처리는 공공기관의 규제 하에서만 수행될 수 있거나, 해당 처리가 정보주체의 권리와 자유를 위한 적절한 안전조치를 규정하는 유럽연합 또는 회원국 법률에 승인되는 경우 수행될 수 있다. 종합 범죄경력 기록은 공공기관의 규제 하에서만 보관될 수 있다.
Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.
The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Source: EUR-lex.
(EN) ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers.
Here is the relevant paragraph to article 10 GDPR:
7.2.2 Identify lawful basis
The organization should determine, document and comply with the relevant lawful basis for the processing of PII for the identified purposes.
Some jurisdictions require the organization to be able to demonstrate that the lawfulness of processing was duly established before the processing.
The legal basis for the processing of PII can include:
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Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, OJEU L 119, 4 May 2016, p. 89.
(EN) Criminal offence data are treated specifically by the General Data Protection Regulation. They represent sensitive data that must be dealt with appropriate care, similarly to special categories of personal data (article 9). They obey particular rules, but they do not expressly fall under the “special categories of personal data”. They have their own legal regime and they do not benefit from similar exceptions as the aforementioned data [article 9 (2)].
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