Glossary
Prohibition subject to permission (Verbot mit Erlaubnisvorbehalt)
Data protection glossary · 1 minute read
The prohibition subject to permission describes the principle that processing personal data is prohibited unless it is permitted by a legal basis.
Meaning
It is not the data subject who has to justify why their data should not be processed, but the controller who has to justify why it may process it. The GDPR expresses this in Art. 6(1): processing is only lawful if at least one of the conditions listed there is met.
Origin and criticism
The term comes from earlier German data protection law. Critics consider it misleading because the legal bases in Art. 6 GDPR, in particular legitimate interest, are broadly framed. In substance, however, the principle continues to apply, and for special categories Art. 9(1) GDPR even lays it down as an express prohibition.
Legal provisions
- Art. 6(1) GDPR
- Lawfulness only where a legal basis applies.
- Art. 9(1) GDPR
- Express prohibition of processing special categories.
- Art. 5(1)(a) GDPR
- Principle of lawfulness.
Related terms.
Consent Consent is a freely given, specific, informed and unambiguous indication of a person's wishes by which they agree to the processing of their data. Art. 4(11) GDPR Informational self-determination The right to informational self-determination is the right of every individual to decide, in principle, for themselves on the disclosure and use of their personal data. Art. 2(1) in conjunction with Art. 1(1) GG 