One of the first questions which organisations involved in processing personal data (‘controllers’) should ask themselves before undertaking the processing is “What is my reason or justification for processing this personal data?” This is of key importance because any processing of personal data is only lawful where it has what is known as a ‘legal basis’. Article 6 of the General Data Protection Regulation (GDPR) sets out what these potential legal bases are, namely: consent; contract; legal obligation; vital interests; public task; or legitimate interests.
The aim of this guidance is primarily to assist controllers in identifying the correct legal basis for any processing of personal data which they undertake or plan to undertake – and the obligations which go with that legal basis. Additionally, this guidance should assist those individuals whose personal data may be processed (‘data subjects’) in identifying whether the processing of their personal data is lawful, and, as part of that, what the legal basis for that processing may be.
Legal Bases for Processing Personal Data - Full Guidance Note
As an expert in data protection and privacy regulations, I bring a wealth of knowledge and experience to the table. My expertise is grounded in a comprehensive understanding of the General Data Protection Regulation (GDPR), a pivotal piece of legislation governing the processing of personal data within the European Union and beyond.
Now, let's delve into the concepts mentioned in the article you provided – "Legal Bases for Processing Personal Data."
The article underscores the crucial question that organizations must address: "What is my reason or justification for processing this personal data?" This question is pivotal because the processing of personal data is only lawful when it has a 'legal basis.' The legal bases outlined in Article 6 of the GDPR are:
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Consent: Processing personal data is lawful if the data subject has given consent to the processing for a specific purpose.
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Contract: Processing is permitted if it is necessary for the performance of a contract to which the data subject is a party or for pre-contractual measures taken at the data subject's request.
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Legal Obligation: Processing is lawful if it is necessary for compliance with a legal obligation to which the controller is subject.
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Vital Interests: Processing is allowed when it is necessary to protect someone's life.
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Public Task: Processing is lawful if it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
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Legitimate Interests: Processing is permitted if it is necessary for the legitimate interests pursued by the data controller or a third party, except where such interests are overridden by the interests, fundamental rights, and freedoms of the data subject.
The guidance mentioned in the article aims to assist data controllers in identifying the correct legal basis for processing personal data and understanding the associated obligations. It also serves to help data subjects determine the lawfulness of the processing of their personal data and identify the specific legal basis for such processing.
In essence, this guidance acts as a compass, steering organizations and individuals alike through the complex landscape of data protection regulations, ensuring that personal data is processed in a lawful and responsible manner.
