There are six lawful bases for processing data: consent, contract, legal obligation, vital interests, public task, and legitimate interests.
Legal proceedings may bypass some of these lawful bases. For example, a court order may override an individual’s right to withhold consent or object to processing on the basis of legitimate interests.
In general, however, the lawful bases for processing data should be respected. Individuals have a right to know why their data is being collected and how it will be used. They should also be able to withhold consent or object to processing if they have concerns about how their data will be used. To avoid a potential financial penalty from processing user’s data always maintain your data security to the highest standard.
In this article, we will investigate each of these bases and explain how each could be used for your business.
Consent is perhaps the most well-known lawful basis for processing data. Under GDPR, consent must be freely given, specific, informed, and unambiguous. This means that individuals must be able to understand why their data is being collected and how it will be used. They should also have the right to withdraw their consent at any time.
Under GDPR, data processing is lawful if it is necessary for the performance of a contract. This could include collecting data from customers in order to fulfill an order or processing payroll data in order to pay employees.
3. Legal obligation
Data processing may also be lawful if it is necessary to comply with a legal obligation. For example, businesses may need to process data in order to comply with tax laws or health and safety regulations.
4. Vital interests
Data processing can be lawful if it is necessary to protect an individual’s life, health, or security. This might include processing data in order to provide emergency medical treatment or to prevent crime.
5. Public task
Data processing may be lawful if it is necessary for the performance of a public task. This could include processing data for the purposes of research or journalism.
6. Legitimate interests
Finally, data processing can be lawful if it is necessary for the legitimate interests of the business. This might include using customer data to improve products and services or using employee data to manage performance.
However, businesses must weigh up their legitimate interests against the rights and interests of individuals. For example, a business might have a legitimate interest in processing data for marketing purposes. However, this would need to be balanced against the individual’s right to privacy.
So, in total there are six lawful bases for processing data. If ever unsure of your users rights it is advised to speak to a legal representative. Ensure that your users data is safe from breaches in your data risk management strategy, and always remember to dispose of your data remanence correctly. Even the data you throw away could be at risk.