Lawful Reason To Process Personal Data11 min read
The processing of personal data is a legal requirement in many situations. The lawful reason to process personal data must be justified and there must be a specific purpose for the data processing. The reason must be one of the following:
1. The individual has given consent to the processing
2. Processing is necessary for the performance of a contract to which the individual is a party
3. Processing is necessary to comply with a legal obligation to which the controller is subject
4. Processing is necessary in order to protect the vital interests of the individual
5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
6. Processing is necessary for the purposes of the legitimate interests of the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual which require protection of personal data, in particular where the individual is a child.
Table of Contents
What are valid reasons for processing personal data?
There are a number of valid reasons for processing personal data. These reasons may include, but are not limited to, the following:
• To comply with a legal obligation
Organisations are often required to process personal data in order to comply with a legal obligation. For example, organisations may be required to keep records of personal data in order to fulfil their obligations under data protection law.
• To pursue a legitimate interest
Organisations may also process personal data for the purpose of pursuing a legitimate interest. This could include, for example, processing personal data for the purposes of marketing or for the purposes of fraud prevention.
• To fulfil a contract or engage in pre-contractual negotiations
Organisations may also process personal data in order to fulfil a contract or to engage in pre-contractual negotiations. For example, an organisation might need to process personal data in order to provide goods or services to a customer.
• To protect the vital interests of a data subject or another person
Organisations may also process personal data in order to protect the vital interests of a data subject or another person. For example, an organisation might need to process personal data in order to protect a child’s welfare.
• To carry out public functions
Organisations may also process personal data in order to carry out public functions. For example, an organisation might need to process personal data in order to administer a public register.
• To fulfil a task in the public interest
Organisations may also process personal data in order to fulfil a task in the public interest. For example, an organisation might need to process personal data in order to protect the environment.
What is the lawful basis for processing personal data?
The lawful basis for processing personal data is the justification that a company or organization must provide to show that they are lawfully collecting and using personal data. There are six lawful bases for processing personal data, each of which is defined in the General Data Protection Regulation (GDPR).
The six lawful bases for processing personal data are:
1. Consent
2. Contract
3. Legal obligation
4. Vital interests
5. Public interest
6. Legitimate interests
Each of these lawful bases is described in more detail below.
1. Consent
Consent is when a person voluntarily agrees to have their personal data collected and used. The person must give clear consent, and they must be able to withdraw their consent at any time. Consent must be specific to each type of processing activity, and it must be informed consent (i.e., the person must know what they are consenting to).
2. Contract
Contract is when a person agrees to have their personal data collected and used in order to enter into a contract or to fulfill a contract. The personal data must be necessary for the contract to be fulfilled.
3. Legal obligation
A legal obligation is when a person is required to provide their personal data by law.
4. Vital interests
Vital interests are when a person’s life or health is at risk and the personal data is necessary to protect them.
5. Public interest
The public interest is when the collection and use of personal data is justified in order to serve the public good.
6. Legitimate interests
Legitimate interests are when a company or organization collects and uses personal data for their own purposes, as long as those purposes are reasonable and balanced.
Which is not a lawful basis for processing the personal data under GDPR?
There are six lawful bases for processing personal data under the General Data Protection Regulation (GDPR). These are:
1) Consent
2) Contractual Necessity
3) Vital Interests
4) Public Interest
5) Legitimate Interests
6) Consent of a Data Subject
Which of these lawful bases is not a basis for processing personal data under GDPR?
The answer is Legitimate Interests. This is not a lawful basis for processing personal data under GDPR.
Which legal basis can we rely on to process personal data if it is a life or death situation?
There are a few different legal bases that we can rely on to process personal data if it is a life or death situation. The most appropriate legal basis will depend on the specific situation and the type of data that is being processed.
One potential legal basis is consent. If the individual has consented to the processing of their personal data, then we can rely on this legal basis. However, consent can be revoked at any time, so it is not always a reliable basis for processing data in a life or death situation.
Another potential legal basis is necessity. If the processing of personal data is necessary for the protection of life or health, then we can rely on this legal basis. This is a particularly strong legal basis, as it is difficult to argue against the need to protect life or health.
Finally, we can also rely on the public interest to process personal data in a life or death situation. If the processing of personal data is in the public interest, and it is not possible to protect life or health without processing the data, then we can rely on this legal basis.
It is important to note that the legal basis that we rely on to process personal data in a life or death situation may vary depending on the specific situation. The best option will depend on the type of data that is being processed, the purpose of the processing, and the risks to life or health.
Under what conditions may personal data be used?
When personal data is collected, used, or disclosed, the organization must comply with certain principles. These principles are based on the premise that personal data should be used for the purpose for which it was collected, and should not be used beyond that purpose without the consent of the individual.
When personal data is used for a purpose other than that for which it was collected, the consent of the individual must be obtained. In other words, the individual must be told why the data is being used, and must be given the opportunity to refuse to have their data used for that purpose.
The use of personal data must also be consistent with the principles of accuracy, relevance, and completeness. This means that personal data must be accurate, and must be relevant to the purposes for which it is being used. It also means that the data must be complete, and must not contain any information that is not relevant to the purpose for which it is being used.
Personal data must also be protected from unauthorized access, use, or disclosure. This means that the data must be stored in a secure manner, and must be protected from unauthorized access.
Finally, personal data must be destroyed when it is no longer needed for the purpose for which it was collected. This means that the data must be destroyed in a way that ensures that it cannot be accessed or used by unauthorized individuals.
What is an example of lawful basis processing?
When processing personal data, it’s important to ensure that you have a lawful basis for doing so. This means that you must have a justification for why you’re collecting and using the data in question.
There are six different lawful bases for processing personal data, and each one is appropriate for different situations. Here is a brief overview of each one:
1. Consent: This is when you get permission from the individual to collect and use their data.
2. Contract: This is when the data is needed to fulfil a contract or agreement that the individual has with you.
3. Legitimate Interest: This is when you collect and use the data for reasons that are in the individual’s best interests, and that they would not be able to reasonably object to.
4. Vital Interests: This is when you collect and use the data to protect the individual’s life or physical safety.
5. Public Interest: This is when the data is needed to carry out a task in the public interest, such as protecting the environment or preventing crime.
6. Legal Obligation: This is when you collect and use the data because you are legally required to do so.
Which of the 6 lawful bases for processing personal data is the most flexible?
There are six lawful bases for processing personal data, each with its own benefits and drawbacks. The most flexible of these is consent, which allows you to use personal data for any purpose that the individual has given their consent to. Other bases include contractual necessity, legitimate interests, compliance with a legal obligation, vital interests, and public interests.
Consent is the most flexible of the six lawful bases because it allows you to use the data for any purpose that the individual has given their consent to. This means that you can use the data for marketing purposes, research, or any other purpose that you see fit. It also gives individuals control over their data, which is important in the age of GDPR.
However, consent can be difficult to obtain in some cases. For example, you may not be able to get consent from individuals who are not able to give it, such as children or individuals who are mentally incapacitated. In these cases, you may need to use a different lawful basis.
Contractual necessity is another flexible basis, as it allows you to use personal data for the purposes of performing a contract. This means that you can use the data to fulfil your obligations under the contract, such as delivering the product or service that the individual has ordered.
However, contractual necessity can be difficult to rely on if you do not have a contract with the individual. In these cases, you may need to use a different lawful basis.
Legitimate interests is another flexible basis that allows you to use personal data for your own purposes, as long as you have a legitimate interest in doing so. This means that you can use the data to improve your business or to fulfil your own needs, as long as you are not harming the individual in any way.
However, legitimate interests can be difficult to justify if you are not able to show that you have a legitimate interest in using the data. In these cases, you may need to use a different lawful basis.
Compliance with a legal obligation is another flexible basis that allows you to use personal data for the purposes of complying with a legal obligation. This means that you can use the data to fulfil your obligations under the law, such as complying with a court order or a regulatory requirement.
However, compliance with a legal obligation can be difficult to rely on if you are not subject to any legal obligations. In these cases, you may need to use a different lawful basis.
Vital interests is another flexible basis that allows you to use personal data to protect the vital interests of the individual. This means that you can use the data to protect the individual’s life, health, or safety, as long as you are not harming the individual in any way.
However, vital interests can be difficult to rely on if you are not able to show that the individual’s life, health, or safety is at risk. In these cases, you may need to use a different lawful basis.
Public interests is the final flexible basis that allows you to use personal data for the purposes of the public interest. This means that you can use the data to fulfil your obligations to the public, such as protecting public safety or promoting the public interest.
However, public interests can be difficult to rely on if you are not able to show that the public interest justifies using the data. In these cases, you may need to use a different lawful basis.
