The « legal basis » is the basis for data processing under the GDPR. This means that if an organisation wishes to process personal data, it is necessary to identify specific legal bases for the processing. You must be able to explain your legal basis for processing personal data in your privacy policy and when responding to a data access request. There must be a specific legal basis for each process. A company cannot choose what is practical. There is only one option per processing activity You have given your clear consent to process your personal data for a specific purpose. An organisation may ask for your consent to process your personal data. They must provide you with all the information you need about that specific processing activity. The information must not be ambiguous and it must be clear to you what specific use of your personal data you are consenting to. Of course, you must be able to give your consent freely. The organization must not force or induce you to give your consent. You can revoke your consent at any time. For children, consent must sometimes be given by their parents or guardians.

The legislation will also require research organisations to explicitly indicate which of the new legal bases they are using. According to the new legislation, you will need: The processing of your personal data is necessary to protect your life. This legal basis can only be used when there is no other way to save a life. For example, you are in immediate danger, but unconscious or mentally incapable of giving consent. Or whether aid needs to be provided immediately in the event of a major disaster. The processing of personal data is necessary for a contract you have with an organization. For example, if your personal data needs to be processed when you work for an organization. In this case, you have a contract with this organization.

A contract does not need to be as formal as an employment contract. This legal basis can also be used if you have a prescription for a magazine, an online service, an internet subscription for your mobile phone, etc. However, public authorities (as defined in the Freedom of Information Act) can no longer invoke « legitimate interests » when performing public tasks – such as research in NHS organisations, universities and Research Council institutes. Instead, they will use the « task in the public interest » as a legal basis. The authorities should justify this situation by referring to their public research objective, as defined by law or university statutes. Controllers must already have a legal basis for the processing of personal data. However, the new data protection law brings some changes in this area. For example, organizations must now include the legal basis for processing in a « privacy statement » (informing data subjects of the processing). This information should be provided at the appropriate level. For example, the legal basis for the processing of a research organisation may be indicated in the company information, but project-specific information on the purpose of the processing should be included in the participant`s information sheet for the individual research project.

Vital interests should cover only those interests essential to a person`s life. This legal basis is therefore very limited in scope and generally applies only to matters of life and death. Note – this legal basis only applies to these bodies when they perform tasks within their legal competence. Consent to participate in research is not synonymous with consent as a legal basis for data protection processing. For example, an individual is asked to consent to participate in research, but it is said that the data concerning him or her will be processed for a task in the public interest if he or she agrees to participate. The legal basis for data processing is not consent. This basis applies where the processing of personal data is necessary for the performance of a task or function carried out in the public interest or in the exercise of official authority vested in the controller (e.g.

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