Il difficile equilibrio tra consenso della persona interessata e legittimo interesse del titolare del trattamento: problemi e prospettive nei rapporti tra fonti interne e dell’Unione europea in tema di tutela dei dati personali

The broad wording of the legal basis of the legitimate interest of the data controller, foreseen by the EU data protection legislation, has fed different approaches in the practice of national data protection authorities. The lack of binding guidance on the relationship with the alternative legal basis of the data subject’s consent, coupled with different constitutional traditions on the recognition of privacy and data protection, also contributed to heterogeneity. After providing an in-depth analysis of the current state of the practice, this contribution will examine the impact of Articles 7 and 8 of the EU Charter of fundamental rights on the respective role of the legal bases of the consent of the data subject and the legitimate interest of the data controller. Attention is also paid to the new data protection Regulation, which shall become applicable in May 2018 and may shed some light on the issue.