Dating bases mean

27-Jan-2020 02:12

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If you are a public authority and can demonstrate that the processing is to perform your tasks as set down in UK law, then you are able to use the public task basis.

But if it is for another purpose, you can still consider another basis.

(d) Vital interests: the processing is necessary to protect someone’s life.

(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

You need to give some thought to the wider context, including: You may prefer to consider legitimate interests as your lawful basis if you wish to keep control over the processing and take responsibility for demonstrating that it is in line with people’s reasonable expectations and wouldn’t have an unwarranted impact on them.

On the other hand, if you prefer to give individuals full control over and responsibility for their data (including the ability to change their mind as to whether it can continue to be processed), you may want to consider relying on individuals’ consent. You should think about your purposes, and choose whichever basis fits best.

In particular, you may still be able to consider consent or legitimate interests in some cases, depending on the nature of the processing and your relationship with the individual.

There is no absolute ban on public authorities using consent or legitimate interests as their lawful basis, although there are some limitations.

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In other cases you are likely to have a choice between using legitimate interests or consent.For example, your lawful basis may affect how provisions relating to automated decisions and profiling apply, and if you are relying on legitimate interests you need more detail in your privacy notice.