incomplete since its approval depended on the submission of its account statement. 47.That vide a letter dated 5th September 2022, the Office of the Data Protection Commissioner (ODPC) wrote to Bowmans to clarify differences between the interpretation and guidance of the Data Protection Act (DPA) and the European Data Protection Board (EDPB) guidance on lawful justification for processing personal data. The ODPC then issued the following directives: a) On lawful basis: Contrary to TFH US’s view that multiple bases could be used for data processing, the ODPC referred to Regulation 5 of the Data Protection (General) Regulations, 2021, stating that only one legal basis can be relied upon for each processing activity. b) On legal obligation: ODPC emphasized that there must be a clear and traceable connection between personal data processed and existing legal obligations. TFH US was faulted for relying on emerging or anticipated obligations. c) On legitimate interest: The ODPC found TFH US’s reliance on legitimate interest inconsistent with Sections 30(b)(vii) and 45 of the DPA, noting less intrusive methods could achieve the same objective. 48.The ODPC, it is urged, directed TFH US to outline how it would comply with the Act, to address the issue of its account statement and to also prepare and Page 19 of 84

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