If you invoke legitimate interests, the right to data portability does not apply. In this case, the natural person does not necessarily have to be a data subject, he can also be another natural person. Of course, it is not up to the controller to define what a vital interest is. We are talking here about life-threatening circumstances, where there is no other legal basis for processing, but where not processing personal data would essentially mean that someone would die if you did nothing and therefore would need to know certain things about the natural person who is at risk. (b) Contract: The processing is necessary for a contract you have entered into with the individual or because they have asked you to take certain steps before entering into a contract. Again, this is much the same as in the privacy policy and in non-legal language simply means that the public interest remains a reason for dealing with the public interest, which includes, among other things, the performance of several possible public tasks (e.g. VAT and tax obligations), tasks that you have as a public authority and that require the processing of personal data in accordance with legal obligations, and other data processing operations considered to be of public interest such as scientific research, public health and more. The possible legal bases for the processing of non-sensitive personal data are as follows: Make sure you carefully list your data processing activities and find the most appropriate legal basis for the processing of personal data, which in practice requires more than this overview, especially for special categories of personal data and organisations (controllers and very specific industries such as health care and even groups such as religious organizations, to which additional or special rules apply. ☐ We have examined the purposes of our processing activities and selected the most appropriate legal basis(s) for each activity. 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. A legitimate interest may exist, for example, if there is a relevant relationship between the data subject and the controller.
In practice, this means that the data subject is the customer or subordinate of the controller. â the data subject has consented to the processing for the purposes indicated But what is the legal basis for the processing? Do you still need the consent of the person to process their data? And what exactly are “legitimate interests”? The ATD 2018 clarifies that this includes processing necessary for: Legitimate interests as a legal basis for processing personal data already existed in the Directive, but the GDPR complements them in the form of provisions where it is NOT applicable. Article 6 clarifies that processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party. A first exception that already exists is when the legitimate interests or fundamental rights and freedoms of the data subject override the legitimate interests (including, of course, the fundamental rights of data subjects under the GDPR). However, with regard to the latter, unlike the Directive, the GDPR explicitly focuses on the case where the data subject is a child and parental consent is still required. In addition, the GDPR explicitly states that the legal basis of legitimate interest does not apply to the processing of personal data by public authorities for the performance of their tasks. The controller must be able to demonstrate that the data subject has legitimately consented to the processing. (5) For tasks carried out in the public interest or delegated to the exercise of the powers of the controller, recital 40 of the GDPR states that personal data may only be processed lawfully if the processing is based on the data subject`s consent or other legitimate basis. There are also specific rules on data relating to criminal convictions and offences, and Member States may specify the conditions for processing and provide for other measures for extensive and lawful processing, including in the context of the provisions on specific processing situations dealt with in Chapter IX of the text of the GDPR. Although the general rules on a legal basis for consent have not changed much, the new rules on consent as a legal basis for organisations (controllers and processors) are of great importance.