Primary goals of the GDPR
The GDPR tries to address challenges for the protection of
personal data that were brought by recent technological possibilities, notably the amount of collection and sharing of personal data.
Thus, the primary foci of the GDPR include
- The protection of natural persons in relation to the the processing of personal data.
- Simplify the regulatory environment for international business by unifying the regulation within the EU.
Although the GDPR puts a high value on the protection of private data, it also recognizes that this cannot constitute an absolute right. Thus, the GDPR balances the rights concerning data of individuals againts other fundamental rights.
Article 16 of the Functioning of the European Union
The GDPR was given raise to by the Article 16 of the Functioning of the European Union.
The text of this article reads
1. Everyone has the right to the protection of personal data concerning them
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the rules relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.
The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 39 of the Treaty on European Union.
Genetic data
The GDPR defines genetic data as obtained by an analysis of a biological sample (notably DNA and RNA) to be personal data. (p. 6 / 34)
The meaning of genetic data is defined in Article 4 of the GDPR (item 13).