Chapter 2D: Lawful Processing Criteria Flashcards

1
Q

Define what it means for consent as a lawful basis to be ‘freely given’.

A

Consent must be freely given; it cannot be relied on if the service is conditional on consent, or if there’s a clear imbalance of power between the data subject and the controller.

It needs to be as easy to withdraw as it is to give.

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2
Q

Define what it means for consent as a lawful basis to be ‘specific’.

A

All purposes must be outlined.

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3
Q

Define what it means for consent as a lawful basis to be ‘informed’.

A

The consent section should be clearly distinguishable from other matters, and intelligible and in clear and plain language; it should also be compatible with the original purpose.

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4
Q

Define what it means for consent as a lawful basis to be ‘unambiguous’.

A

The consent is absolutely clear.

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5
Q

Define what it means for consent as a lawful basis to reflect an ‘indication of wishes’.

A

It should be a clear, affirmative action (e.g. opting in) and not be accepted as silence, inactivity, a pre-ticked box or opt out

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6
Q

What are the conditions for consent?

A

Demonstrable - if a written declaration, it should be clearly distinguishable.
They should have the right to withdraw at any time and it should not be conditional for performance of a contract.

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7
Q

What does ‘legitimate interest’ mean as a processing criteria?

A

For the legitimate interests of the controller, processing is necessary and the interests to meet those interests, which have been balanced against the data subject’s - however, criteria is more restrictive.

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8
Q

What is the restrictive criteria of legitimate interest?

A

It must be compliant with other legal obligations

Transparent

Economic interests aren’t necessarily sufficient

Fundamental rights and freedoms of the data subjects should be held

Must be compatible with use limitation

Should be adequate safeguards for secondary uses, e.g. pseudonymisation and encryption

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9
Q

Special categories of data are prohibited except if…

A

There’s explicit consent

In the context of employment

For vital interests of individual

Political, philosophical and religious purposes

The sensitive data is manifestly made public by the DS

Establishment, exercise or defence of legal claims

Substantial public interest

Medicine and social healthcare

Public health

Public archives, scientific or historical research, statistical purposes

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10
Q

Consent re: special category data

A

Unambiguous, freely given, specific and informed, clear affirmative act

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11
Q

Context of employment for special category data

A

Only where necessary for a controller to comply with a legal obligation under employment law for candidates, employees or contractors

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12
Q

Vital interests re special category data

A

Controller must be able to demonstrate that it’s not possible to obtain consent

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13
Q

Political, philosophical and religious purposes re special category data

A

Covers particular foundations, associations, not for profit bodies or any with trade union aims

Relates to processing of data about members of an organisation or formal members with regular contact

Appropriate safeguards must be in place

The data must not be disclosed outside the organisation without consent

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14
Q

The sensitive data is manifestly made public by the DS re special category data

A

Self-disclosed by the data subject e.g. media interview, social networking sites

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15
Q

Conditions of establishment, exercise or defence of legal claims re: consent

A

Controller must establish necessity and there should be a close and substantial connection between processing and purpose

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16
Q

Conditions of substantial public interest re: consent

A

This is narrower under GDPR; there should be a balance between reason for processing and DS’ right to data protection. Specific and suitable measures should be taken for DS’ rights and interests. Member states can specify reasons of public interest (e.g. preventing and detecting crime)

17
Q

Conditions of medicine and social healthcare re: consent

A

To be used to assess the working capacity of an employee, making a medical diagnosis, providing health or social care treatment or managing systems or services

The reason for processing must be based on EU or member state law or necessary to fulfil a contract

18
Q

Conditions of public health re: consent

A

Must be based on EU or member state law and be protecting against serious cross-border threats to health or ensuring high standards of quality and safety in health care and of medicinal products or medical devices

19
Q

Conditions re: public archives or scientific or historical research or statistical purposes for consent

A

Further interpretation from member state law

Processing proportionate to purpose

Suitable and specific measures to safeguard data subject’s fundamental rights and interests

20
Q

What are the six lawful grounds for processing personal data?

A
Consent
Contractual necessity
Legal obligation
Vital Interests
Public interest
Legitimate interest
21
Q

What is contractual necessity as a lawful basis?

A

Where processing is for performance of a contract or taking steps before entering into a contract

22
Q

What is compliance with a legal obligation as a lawful basis?

A

There’s a legal basis of a high standard for processing - from EU or member state law

23
Q

What is protection of vital interests as a lawful basis?

A

Should be based on common sense but best interests of an individual (think life or death)

24
Q

What is public interest as a lawful basis?

A

For an official authority, e.g. tax authority - where specific requirements from member states