Some considerations on the lawfulness of personal data processing by public administration authorities under Regulation (EU) 2016/679

Abstract

In this short paper, we intend to examine the processing of personal data by Romanian public administration authorities from the perspective of its lawfulness under the General Data Protection Regulation (GDPR). We will argue that the processing of personal data in violation of Regulation (EU) 2016/679 provisions for the purpose of issuing administrative acts by public authorities can affect not only the lawfulness of the latter, but such infringements lead also to the erosion of the concept of good administration, one of the key factors being that the Romanian Law 190/2018 on implementing measures for GDPR doesn’t allow the possibility of imposing a contravention fine on public authorities when finding a GDPR infringement.