A person`s personal data and the purpose (purpose limitation) for which they are processed determine the most appropriate legal basis for data processing, i.e. the data should be collected for specified, explicit and legitimate purposes and should not be further processed in a manner incompatible with those original purposes; The accountability principle requires that you can demonstrate that you comply with the UK GDPR and that you have appropriate policies and processes in place. This means that you must be able to demonstrate that you have properly weighed the legal basis for each processing purpose and be able to justify your decision. On the basis of public interest, data are processed in order to protect the well-being of the general public under the direction of public authority. The rights of data subjects to erasure and data portability do not apply if they process on this basis. However, you have the right to object. The choice of the appropriate legal basis for processing is extremely important for several reasons, including: Most organizations must rely on the legal basis of the “legal obligation” for certain uses of personal data. In this article, we will help you understand when the “legal obligation” applies, when it does not apply and how to explain your use of this legal basis in your privacy policy. The service, provided by our sister company, GRCI Law, is also ideal for organisations that are not required by law to appoint a DPO, but still want someone to provide expert advice. This strongly discourages companies from not processing personal data without a legal basis, as they could lose this valuable data (in addition to other fines and potential legal consequences). It is important to note that one legal basis for processing is generally not superior to another legal basis for processing. The most effective legal basis for processing depends on the purpose of the processing, the type of personal data processed and the relationship with the data subject. The choice of the appropriate legal basis for processing activities is extremely important.
If the wrong legal basis is chosen, this could lead to unlawful processing, a response that does not comply with the rights of data subjects and insufficient organisational and technical controls over data processing. You must therefore record the basis on which you rely for each processing purpose and keep a justification of why you believe this is the case. There is no standard form for this, as long as you make sure that what you are registering is sufficient to prove that a legal basis applies. This will help you comply with your accountability obligations and draft your privacy statements. The GDPR states that it must be “necessary” to process personal data for legal compliance purposes. The term “necessary” should not be interpreted too restrictively. To comply with this principle, Chapter 6 of the GDPR requires any organization processing personal data to have a valid legal basis for such processing of personal data. Think of them as scenarios where it would be legal to process data.
The GDPR provides six legal bases for processing: A valid legal basis is an essential requirement of the GDPR. You should carefully evaluate your legal basis whenever you collect, use, delete or disclose personal data of EU consumers. In addition to the legal obligation, legal bases include “consent” (you ask a person if you can process their personal data) and “contract” (you need to process personal data in order to fulfill contractual obligations or enter into a contract). Contractual obligation between the organization and the individual. The organisation may rely on this legal basis when it needs to process an individual`s personal data: to provide them with a contractual service; or because they asked the organization to do something before entering into a contract (e.g., make an offer). The basis of legitimate interest consists of three elements. It`s worth thinking of this as a three-part test. The organization must: Given all these facts, organizations acting as data controllers must conduct a detailed review of all their data processing activities. A legal basis must be established for each of them, as well as the maintenance of mandatory documentation for compliance purposes. If you can avoid it, it`s important that companies get it right the first time – If you`re asking for consent as a legal basis and you can`t get consent, you can`t just decide to switch to another legal basis. The extracts from the GDPR in recital 45 and in point (c) of Article 6(1) and Article 6(3) allow processing where it is necessary for compliance with a legal obligation under Union or Member State law. Legitimate interest, for example, is something like a marketing activity.
This is a processing activity that a data subject would normally expect from an organization in order to provide his or her personal data. However, if an organisation uses legitimate interests as a valid legal basis for processing, it must carry out a balancing test. Is the processing activity necessary for the functioning of the organization? Does the processing outweigh any objections or risks to a data subject`s rights and freedoms? The contract is pretty self-explanatory. Public interest is a processing activity carried out by a government agency or organization acting on behalf of a government agency. Vital interest would be a rare occasion where data processing would be necessary to save a person`s life. The legal basis for processing is also important as it has a significant impact on how an organisation responds to data subjects` requests for rights. Certain rights may be granted if consent is the legal basis for the processing or if the performance of a contract is the legal basis for the processing. There are also other implications for the legal basis for the processing. For example, the processing of special types of data, including: race, ethnicity, health data, biometric data and other sensitive information, requires certain bases of processing. Remember that it is important to be able to document and prove why you are processing someone`s data. It is important to ensure that any material you register has a sufficient legal basis. A good way to demonstrate this is to balance privacy tests and assessments.
Keeping a record helps you meet your accountabilities. The legal basis is governed by Article 6 GDPR. For data protection purposes, a “legal basis” (also known as a legal basis) means the legal justification for processing personal data. One or more valid legal bases are required in all cases where personal data must be lawfully processed in accordance with data protection legislation. There is no hierarchy or preferred option in that list, but any processing of personal data should be based on the most appropriate legal basis in the specific circumstances of that processing. The legal basis also influences the rights of data subjects that apply. The recognition of the very basis of the commercial activity (i.e. contractual obligations) is presented as the legal basis (recital 44; Article 6(1)(b), which allows transformation in two scenarios.