The ICO exists to empower you through information.

Overall ratings

Consent 

Contract

Legal obligation

Vital interests

Public task

Legitimate interests

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

Your answers were inconclusive for the following lawful basis

Contract: Your answers were inconclusive - you need more information to decide whether contract is an appropriate lawful basis.

 

Suggested actions

You may be able to rely on contract for part of your processing, to the extent you can demonstrate how and why processing is necessary for the contract. Remember to document your decision, and include information about your purposes and lawful basis in your privacy notice.

However, if only part of your processing is actually necessary for the contract, you need to clearly identify the purpose for the rest of your processing. You will either need to identify a separate lawful basis for that additional processing - or else only process to the extent actually necessary to fulfil the contract.

Public task: Your answers were inconclusive - you need more information to decide whether public task is an appropriate lawful basis.

 

Suggested actions

If only part of your processing is for the purposes of official functions or public interest tasks, you need to clearly identify your other purposes. You will either need to identify a separate lawful basis for any additional processing, or else only process to the extent actually necessary to perform your tasks or functions.

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

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

We recommend you consider another lawful basis. If you still want to rely on consent, you need to be confident you can demonstrate that consent is freely given and individuals do not feel compelled to consent, despite the imbalance of power. However, there is a significant risk that consent may be invalid in some cases.

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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