30 Nov Six Legal Basis Gdpr
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. You may invoke legal obligations if you need to process personal data to comply with a legal or common law obligation. (It does not apply to contractual obligations.) The law in question should clearly state whether the processing is necessary for compliance. If the new purpose is very different from the original purpose, would be unexpected, or would have an undue impact on the individual, it is generally unlikely to be compatible with your original purpose of data collection. You can then only proceed if you obtain specific consent for the new purpose, or you can refer to a specific legal provision that requires or authorises the new processing in the public interest (in which case your new legal basis is a legal obligation or public task). 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. The basis of legitimate interest consists of three elements.
It`s worth thinking of this as a three-part test. The organization must: This article aims to simplify GDPR compliance by listing the six legal bases for data processing and explaining what each means. Whatever legal basis an organisation relies on, it must comply with these fundamental data protection principles. In order to rely on this legal basis, controllers must be able to report a benefit resulting from the processing to the general public or society as a whole and not to their own interests or those of the data subject. For example, the administration of justice, parliamentary functions, legal functions, government functions or activities to support or promote democratic engagement. It is recommended that an organization keep a detailed record of the legislation it relies on to process data. The main purpose of these guidelines is to help controllers identify the correct legal basis for any processing of personal data they undertake or intend to undertake and the associated obligations. In addition, those guidelines should assist persons whose personal data may be processed (`data subjects`) to determine whether the processing of their personal data is lawful and, in that context, may constitute the legal basis for such processing. Vital interests of the individual. An organization can probably invoke vital interests as a legal basis if it wants to protect a person`s life. However, it cannot invoke vital interests for health data or other special category data if the person is able to give consent, even if he refuses consent.
This is a processing activity that a data subject would normally expect from an organisation to which he or she provides his or her personal data, such as marketing and fraud prevention activities. If legitimate interest is used as a legal basis for processing, the organisation must perform a balancing test: is this processing activity necessary for the functioning of the organisation? Does the processing outweigh the risks to a data subject`s rights and freedoms? If the answer to any of these questions is no, the organization cannot use the legitimate interest as a legal basis for the processing. In this context, a contract does not need to be a formal legal document as long as it meets the requirements of contract law. An oral statement also counts. The decision clarified that the following three criteria must be met in order to rely on the legitimate interests of the data controller as a legal basis for data processing: Securiti`s data mapping solution enables companies to perform efficient and automated data mapping that can help organizations identify the correct legal basis and ensure lawful data processing. With several other products ranging from breach management and vendor risk assessment to data classification and universal consent management, Securiti is a pioneer in offering enterprise data governance and compliance solutions. 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. Download our white paper on GDPR legal requirements for personal data collection to understand in detail the 6 legal bases and identify the most appropriate legal bases for your data processing situation. 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. Whenever legitimate interests are used as a basis, a three-part balancing test should be carried out to justify it. When performing the balancing test, the following should be taken into account: 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.
The identified legal basis directly affects the rights that an individual can exercise in relation to the data.