LED Flashcards
Differences between LED and GDPR
Article 5 - Time limits for storage and review. Not in the GDPR.
Article 6 - GDPR does not distinguish between different kinds of data subjects, whereas LED does. Suspects, convicted, victims.
Article 11 - Automated individual decision-making. GDPR makes it possible to protest in any given case, whereas the directive prohibits it, unless authorised by MS law.
Article 15 - Very wide possibility of adopting limitations to the right of access. In the GDPR the starting point of view is that you have access, which can be limited. In the LED, Christian argues that the starting point is that you don’t have one. In reality you have one, but because of limitations, a real acces will rarely occur.
Article 16 - If data is rectified the GDPR states that you are obligated to notify other controllers or processors, whereas the LED only requires it if the data subject asks for it.