DETERMINING THE LAWFUL BASIS OF PROCESSING

The GDPR requires that an appropriate legal basis for the processing of personal data is identified and documented before that data is collected or used. It is important to identify the applicable legal basis at the outset, as this will directly dictate the relevant rights an individual can exercise. Please see our What are your rights under GDPR? (PDF table) for further information.

The lawful bases for processing personal data and special categories of personal data are outlined below. For most activities, it will be relatively straightforward to identify the appropriate justification for your processing. If you are unsure what ground to rely on:

Lawful basis for processing

(a) Consent of the data subject

(b) Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract 

(c) Processing is necessary for compliance with a legal obligation

(d) Processing is necessary to protect the vital interests of a data subject or another person

(e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller 

(f) Necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject

Note:  Article 6(1)(f) Legitimate interests cannot be used by the University in relation to processing that falls within our public task, such as education or research activities. For these processing activities, Article 6(1)(e) Public task would be a possible alternative. For non-public task processing, legitimate interests remains an option, however before relying on this basis, contact DP/FOI Office.

Lawful basis for processing special categories of data

(a) Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law

(b) Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement 

(c) Processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent

(d) Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without consent 

(e) Processing relates to personal data manifestly made public by the data subject

(f) Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity

(g) Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards

(h) Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional 

(i) Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of healthcare and of medicinal products or medical devices

(j) Processing is necessary for archiving purposes in the public interest, or scientific and historical research

Note: All Article 9(2)