Legal Obligation to Process Personal Data

It is important to know that the term „processing” covers a number of different ways of processing personal data. If you have the right to carry out a certain form of data processing – for example, collection – this does not automatically mean that you also have the right to carry out other forms of processing – for example, disclosure – of the same data. Many international and regional standards and national laws provide exceptions to the consent requirement for the collection and use of personal data when the government collects data on the basis of legal authority, such as data collected for identification systems (see, for example, the European Commission`s Model Contracts for International Data Transfers). Where consent is not required or obtained, transparency can at least provide clear and accessible explanations to ensure public trust and avoid misunderstandings. Individuals may be informed of information that is considered public and that is kept confidential. Because information matching between databases increases privacy and data protection concerns, legal frameworks can mitigate risks by specifying all purposes for which personal data is shared in an identification system by governmental and non-governmental entities. In addition, public bodies may confine themselves to obtaining specific information justified by their functions (i.e. the need-to-know principle). Personal data may be processed without consent if it is necessary for the following purposes: An employer must process personal data in order to comply with its legal obligation to disclose salary data to HMRC. „Public interest” remains a legal basis for the processing of personal data. Please also note that the processing carried out on this basis may be subject to objections by data subjects (see Chapter 9). Personal data may be processed on the basis that such processing is necessary to enter into or perform a contract with the data subject.

For example, suppose a judicial authority orders you to disclose personal information in order to investigate a crime or administer justice. In this case, you can invoke a „legal obligation” to communicate the personal data (as long as the order is valid and is not cancelled by professional secrecy). Point 5 does not apply to the processing of personal data by public authorities and, in most cases, should not be used for the processing of children`s personal data. The data subject has given the organisation permission to process his or her personal data for one or more processing activities. Consent should be voluntary, clear and easily revocable, so organizations should exercise caution when using consent as a legal basis. For example, the age of automatically checked consent boxes is coming to an end due to the GDPR. This does not mean that there must be a legal obligation that specifically requires the specific processing activity. The fact is that your primary objective must be to comply with a legal obligation that has a sufficiently clear basis at common law or in law.

A widely accepted data protection principle states that an individual`s personal data should only be collected and used with their consent, unless there is another legal basis for such collection and use (see Annex II of the IDEEA Guide). If consent is the basis for collection, transparent disclosure of the nature of the personal data collected and the intended use of that data to the individual is essential for consent to be meaningful. obligations to monitor, investigate and enforce privacy and privacy rights; Personal data related to criminal offences are subject to additional restrictions (and are generally treated as analogous to sensitive personal data), as the processing of such data may have a potentially significant impact on the data subject. The GDPR requires that any organization that processes personal data has a valid legal basis for that processing activity. The law provides six legal bases for processing: consent, performance of a contract, legitimate interest, vital interest, legal obligation and public interest. First, most organizations ask if they need consent to process data. The answer is, not necessarily. As I mentioned earlier, consent is only one of six legal bases for data processing. When using consent, you should know that consent must be given freely and clearly, and that it must be as easy to withdraw consent as it is to give consent. The processing was permitted if it was necessary to protect the vital interests of the data subject. Responsibility.

The processing of personal data in accordance with the abovementioned principles should be supervised by an appropriate and independent supervisory authority and by the data subjects themselves. The second legal basis for lawful processing pursuant to Article 6 of the GDPR is the need to process personal data under contract. In general, the processing of sensitive personal data is prohibited, but there are a number of exceptions to this prohibition. The GDPR requires you to state your legal basis for processing personal data in your privacy policy. Note that you may use several different legal bases to process different types of personal data. If you process on the basis of a legal obligation, the data subject has no right to erasure, data portability or the right to object. Read our guide to individual rights for more information. Notwithstanding the „data minimisation principle” (see Chapter 6), there are certain circumstances in which personal data may be processed for new purposes beyond the original purpose for which the data were collected.

Under EU data protection law, there must be a legal basis for any processing of personal data (unless there are exceptions or exceptions). The fact that this legal basis is explicitly limited to legal obligations arising from the EU may put organisations subject to a third-country court decision on data disclosure in a difficult position. The legal basis „contractual performance” allows the processing of personal data in two different scenarios: In addition, certain types of processing of personal data in such cases could not only serve the vital interests of the data subject or another natural purpose, but also serve the public interest, for example in the event of disasters, epidemics, etc., as set out in recital 46 of the GDPR. And this brings us to the next legal basis for lawful processing: the public interest grounds as such. That speaks for itself, does it not? The processing of data is necessary to conclude or perform a contract with the data subject. If the processing activity is not related to the contractual conditions, this data processing activity must be subject to a different legal basis. Private entities may process data relating to criminal offences if the data subject has given his or her explicit consent. In addition, processing may take place if it is necessary for the purposes of the legitimate interest pursued and that interest goes well beyond the consideration of the data subject. Private entities may not disclose information without the express consent of the data subject. However, disclosure may take place without consent if it serves the protection of public or private interests, including those of the data subject, which clearly go beyond the interests of confidentiality.