The ICO exists to empower you through information.

Overall ratings

Public task

Consent 

Contract

Legal obligation

Vital interests

Legitimate interests

The below lawful basis are likely to be appropriate for your data processing activities

Public task: Your answers indicate that public task is likely to be an appropriate lawful basis.

 

Suggested actions

You need to be sure that you can demonstrate why processing is necessary to perform a task in the public interest or exercise your official authority. Remember to:

  • document your decision that the processing is necessary for you to perform a task in the public interest or exercise your official authority;
  • identify the relevant task or authority and its basis in common law or statute; and
  • include information about your purposes and lawful basis in your privacy notice.

If you are processing special category data or criminal offence data, you also need to identify a separate condition to allow you to process this type of data. There are specific conditions for parliamentary, statutory or governmental functions in the substantial public interest.

Your answers were inconclusive for the following lawful basis

The lawful basis below are not appropriate for your data processing activities

Contract: Your answers indicate that contract is not an appropriate lawful basis.

 

Suggested actions

You need to show that you are using the data to provide a service to the individual at their request. If this is not the case, you should look for another lawful basis for this processing that better reflects your purposes.

Legal obligation: Your answers indicate that legal obligation is not an appropriate lawful basis.

Suggested actions

You can only rely on this basis if processing is actually necessary for compliance. A discretionary power is not enough. Seek legal advice if necessary, or look for another lawful basis - or else reconsider your processing.

Vital interest: Your answers indicate that vital interests is not an appropriate lawful basis.

 

Suggested actions

You should look for another lawful basis for this processing.

 

Consent: Your answers indicate that consent would not be appropriate and/or is likely to be invalid.

 

Suggested actions

If you can't offer a genuine free and ongoing choice, you should look for another lawful basis for your processing.

Legitimate interest: Your answers indicate that legitimate interests is not an appropriate lawful basis.

Suggested actions

You need to look for another lawful basis, or else rethink your processing. In particular, you should consider the 'public task' basis for processing to perform your tasks as a public authority.

 

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