You may prefer to consider legitimate interests as your legal basis if you wish to retain control over the processing and take responsibility for demonstrating that it meets the reasonable expectations of individuals and would not have an undue effect on them. On the other hand, if you prefer to give individuals full control and responsibility for their data (including the ability to change their mind about whether it can continue to be processed), you should consider relying on individuals` consent. That legal basis should only be used when no other reason is available, such as a medical emergency. A lawyer may not initiate or defend proceedings, raise or challenge any matter contained therein, unless there is a legal and factual basis for doing so that is not frivolous, which includes a good faith argument to extend, modify or repeal existing law. However, the defendant`s lawyer in criminal proceedings or the defendant`s lawyer in proceedings that may result in imprisonment may defend the proceedings in such a way as to require that all the elements of the case be established. It is therefore important to carefully check in advance which basis is appropriate and to document this. There may be more than one basis for treatment because you have more than one purpose, and if this is the case, you should make this clear at the beginning. You must be able to explain your legal basis for processing personal data in your privacy policy and when responding to a data access request. The processing activity is necessary for a legal obligation, such as information security, labor law or consumer transaction law. Further information on the legal basis for the processing of personal data can be found here. First, the legal basis for the processing of personal data must be created before the processing begins. Organizations cannot start processing personal data and then go back and attempt to perform the contract, obtain consent, or assert a legitimate interest. Second, a legal basis for processing is not necessarily superior to other legal bases for processing.

The most effective legal basis for processing depends on the purpose of the processing and the relationship with the data subject. Further information on the different legal bases can be found on the relevant page of this manual. This depends on your specific purposes and the context of the processing. You need to think about why you want to process the data and determine which legal basis is best suited to the circumstances. You can use our interactive wayfinding tool to help you. The foundation of public tasks is more relevant to much of what you do. If you are a public authority and you can demonstrate that the processing is intended for the performance of your tasks under UK law, you can use the basis for public tasks. But if it`s for a different purpose, you can always consider another foundation. The choice of the appropriate legal basis for processing is extremely important for several reasons, including: 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. ☐ We have included information about the purposes of the processing and the legal basis for the processing in our Privacy Policy. (e) Public task: The processing is necessary for the performance of a task carried out in the public interest or for your official duties, and the task or function has a clear legal basis. The processing of personal data is necessary for a contract you have with an organization. For example, if your personal data needs to be processed when you work for an organization. In this case, you have a contract with this organization. A contract does not need to be as formal as an employment contract. This legal basis can also be used if you have a prescription for a magazine, an online service, an internet subscription for your mobile phone, etc. You must determine your legal basis before starting processing and you must document it.

The choice of legal basis depends on the purpose of the data processing. This basis applies where the processing of personal data is necessary for the performance of a task or function carried out in the public interest or in the exercise of official authority vested in the controller (e.g. public authority). Even if it could have initially relied on legitimate interests, the company cannot do so later – it cannot change its base if it realized that the basis initially chosen was inappropriate (in this case, because it did not want to provide real continuous control to individuals). It should have made it clear to individuals from the outset that the processing was carried out on the basis of legitimate interests. Letting the person believe that they had a choice is inherently unfair when that choice is irrelevant. The Company must therefore stop processing if the individual withdraws consent. That speaks for itself, does it not? The processing of data is necessary to conclude or perform a contract with the data subject. If the processing activity is not related to the contractual conditions, this data processing activity must be subject to a different legal basis.

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: These public interest functions must have a legal basis (i.e. be established by law). It is a statutory function in most cases, but it may also constitute other public interest functions that have a constitutional, customary or other non-legislative legal basis. If you process special category data, you must provide both a legal basis for the processing and a special category for processing in accordance with Article 9. You must document both your legal basis for processing and your special category so that you can demonstrate compliance and accountability. Note – this legal basis only applies to these bodies when they perform tasks within their legal competence. The new school processes employees` personal data in order to employ them. This is done on the basis that the processing is necessary to meet the expectations of the staff and to comply with the legal obligations of the University as an employer. One company chose to process on the basis of consent and obtained consent from individuals.

An individual has subsequently decided to withdraw his consent to the processing of his data, as is his right.