Intragroup Transfer of Personal Information - Paper Example

Introduction

Legally, there are the ways in which different aspects of undertakings ought to be carried amongst the involved parties for them to get to be considered as being lawful in the eye of the law. In this case, there are policies which guide the directions that specific actions ought to take in full compliance with the law and the satisfaction of the parties involved. Such rules and regulations dictate the ways of handling matters within the borders of a state, ranging from such fields as government operations, companies, Non-governmental organizations, and in the societies. In the case of the industrial laws of GDPR, there are specific articles and clauses within the law statements that align even though they are in different chapters. One instance of the congruent law provisions is the recital 48 EU GDPR and the article 6 GDPR. The recital 48 states that the controllers who are part of the undertakings of a group or the institutions connected to a central body may have a legal interest in so far as the transmission of personal information within a group for use in performing internal administrative processes is concerned (Calder, A. 2016). They include the data of the employees or clients. The transfer of information within a group as well as to a third country is still not affected as provided for by the law. On the other, article 6 provides for the lawfulness for the processing of personal data within a group and the institutions. The relationships between the GDPR article 6 and recital 48 regarding the handling of personal information of employees and clients, affected by the law, are explicitly brought out in the subsequent paragraphs.

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The stakeholders provide the personal information available to a group or company to whom uses the data. It can be an employee or a client. The human resource department can use such details in partaking of the tasks as per is required or by the company or group in general. In such administrative purposes, the information can be transferred between the concerned parties. In this regard, the article 6 states that the subject data is supposed to have experienced the consent of the owner to facilitate the processing of the information, which is the case at the time of the provision of the personal information to the concerned entity (Voigt, P., & Bussche, A.. 2017). The above article 6 citation connects with the legal interest of the controllers in the group who use the data for the administrative purposes. Hence, a contract for the use of information is not required since there is a legal immunity provided by the availing of information by the concerned party at the beginning of the period.

Moreover, the processing of data, as brought out in article 6, is subject to compliance with the legal obligations surrounding the matter. It is in line with the provisions of recital 48 which emphasizes on the need for a legal interest by the parties transferring the personal information in a group. It can thus be observed that there is a close relationship between the two legal entities. There is also a need to scrap off the need for a contract for the transfer of personal information. In so far as legal interests are observed, the compliance of the provisions of article 6 which also involve the use of information for the public interest, vital interests, and legitimate interests shall be absolute without the need for further backup by the contracts. It is because of the legality of the use of personal information bringing about the interrelations of the article 6 and recital 48 GDPR.

References

Calder, A. (2016). EU GDPR & EU-US Privacy Shield: A pocket guide.

Voigt, P., & Bussche, A.. (2017). The EU general data protection regulation (GDPR): A practical guide. Cham: Springer International Publishing.