Judgment_paragraph 85 · VS v Inspektor v Inspektorata kam Visshia sadeben savet (C-180/21)

85It should be noted that, as the Commission correctly stated in its written observations, it is clear from the wording of the second subparagraph of Article 6(1) of the GDPR that the processing of personal data by a public authority in the performance of its tasks cannot come within the scope of point (f) of the first subparagraph of Article 6(1) of the GDPR, relating to the processing of personal data that is necessary for the purposes of the legitimate interests pursued by the controller. As follows from recital 47 of the GDPR and as the Commission has claimed, that latter provision cannot apply to such data processing, since the legal basis of that processing must be provided for by the legislature. It follows that, where processing by a public authority is necessary for the performance of a task in the public interest, and therefore comes within scope of the tasks referred to in the second subparagraph of Article 6(1) of that regulation, the application of point (e) of the first subparagraph of Article 6(1) of the GDPR and that of point (f) of the first subparagraph of Article 6(1) of the GDPR are mutually exclusive.