Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation.
Article 86
Processing and public access to official documents
Common Questions
Frequently Asked Questions
What does Article 86 of the GDPR regulate?
Article 86 deals with personal data that appears in official documents held by a public authority, a public body, or a private body performing a task carried out in the public interest. It allows that authority or body to disclose such data in accordance with the Union or Member State law it is subject to.
The purpose is to reconcile public access to official documents with the right to the protection of personal data under the Regulation.
Who can disclose personal data under Article 86?
The article covers a public authority, a public body, or a private body that holds official documents for the performance of a task carried out in the public interest. Only the authority or body holding the documents may disclose the personal data they contain, and only in accordance with the Union or Member State law to which it is subject.
Does Article 86 allow personal data in official documents to be published without conditions?
No. Disclosure is permitted only in accordance with the Union or Member State law to which the public authority or body is subject. The stated aim is to reconcile public access to official documents with the right to the protection of personal data, so the two have to be balanced rather than one automatically overriding the other.