Guidelines 06/2020 on the interplay of the Second Payment Services Directive and the GDPR

Section 5.3  Substantial public interest

55 Payments services may process special categories personal data for reasons of substantial public interest, but only when all the conditions of Article 9 (2) (g) of the GDPR are met. This means that the processing of the special categories of personal data has to be addressed in a specific derogation to article 9 (1) GDPR in Union or Member State law. This provision will have to address the proportionality in relation to the pursued aim of the processing and contain suitable and specific measures to safeguard the fundamental rights and the interests of the data subject. Furthermore, this provision under Union or Member State law will have to respect the essence of the right to data protection. Finally, the processing of the special categories of data must also be demonstrated to be necessary for the reason of the substantial public interest, including interests of systemic importance. Only when all of these conditions are fully met, this derogation could be made applicable to designated types of payment services.