How to determine the legal basis for processing personal data This guidance is for any member of University staff tasked with determining the legal basis for processing personal data to ensure that all data processing is lawful. You will need to use this guidance: When customising a privacy notice to ensure it complies with current data protection legislation When conducting a ‘data protection impact assessment’ (DPIA) When otherwise collecting or receiving personal data for a new initiative The legal basis Whenever we use personal data we must have a legal basis for doing so. Data protection legislation gives us a list of possible legal bases we can choose from. If you are using special categories of (sensitive) personal data, there are additional legal bases you must comply with. See the guidance on special categories. Consent How and when to use consent as the legal basis for processing personal data Performance of contract When to use the legal basis that processing personal data is necessary for the performance of a contract Legal obligation Processing personal data where there is a legal obligation Vital interests Processing is necessary to protect life and death of an individual Public tasks Processing personal data on the basis of public tasks Legitimate interest Using legitimate interests as a legal basis for processing personal data Special categories Legal bases for processing special categories of personal data This article was published on 2023-11-03
