GDPR Rules For Processing Personal Data
GDPR Rules For Processing Personal Data
Consent
Government
Vital Interest
Legal Requirement
Contractual Requirement
Legitimate Interests
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The General Data Protection Regulation (GDPR) is a comprehensive data protection law in the
European Union (EU) that governs the processing of personal data. Under GDPR, there are several
lawful bases for processing personal data, and consent is just one of them. Here's a brief overview of
the lawful bases you've mentioned:
1. Consent: Individuals have the right to give clear and explicit consent for their personal data to be
processed for a specific purpose. This consent should be freely given, informed, and revocable. It's
important to note that consent is not always required and may not be the most appropriate basis for
processing data in all situations.
2. Government: Processing personal data may be necessary for the performance of a task carried out
in the public interest or in the exercise of official authority vested in the data controller (usually a
government entity). This lawful basis is typically applicable to government agencies and authorities
when they need to process personal data to fulfill their legal obligations or public functions.
3. Vital Interest: Personal data can be processed if it is necessary to protect someone's life. This lawful
basis is typically used in emergency situations where obtaining consent or other legal bases is not
possible, and processing the data is essential to save a person's life.
4. Legal Requirement: When processing personal data is required by a law or regulation, data
controllers can rely on this lawful basis. It's important to note that the legal requirement must be
clear and specific.
5. Contractual Requirement: Personal data processing may be necessary for the performance of a
contract to which the data subject is a party or to take steps at the request of the data subject before
entering into a contract. This basis is often used in business and commercial contexts.
6. Legitimate Interests: Data controllers can process personal data if they have a legitimate interest,
and this interest is not overridden by the data subject's rights and interests. However, controllers
must conduct a legitimate interests assessment (LIA) to balance their interests against the rights and
freedoms of data subjects.
It's essential to choose the appropriate lawful basis for processing personal data, and in some cases,
more than one basis may apply simultaneously depending on the specific circumstances.
Additionally, data controllers must adhere to other GDPR principles, such as data minimization,
purpose limitation, and data subject rights, regardless of the lawful basis they rely on for processing
personal data. Failure to comply with GDPR can result in significant fines and penalties.