Law And Courts

If you want to set up an ordinary power of attorney you should contact your local Citizen’s Advice or get advice from a solicitor as there is a standard form of wording that must be used. Mental capacity means the ability to make or communicate specific decisions at the time they need to be made. To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision. This applies whether you collect the personal data directly from the individual or you collect their data from another source. It is therefore important to thoroughly assess upfront which basis is appropriate and document this. It may be possible that more than one basis applies to the processing because you have more than one purpose, and if this is the case then you should make this clear from the start.

The individual’s right to be informed under Article 13 and 14 requires you to provide people with information about your lawful basis for processing. Deloitte Legal’s blog is written by our legal industry experts and covers a range of topics across commercial, technology, employment, corporate, data protection and intellectual property. You can explore the latest content below, or use the buttons to filter to your interests. In particular, you may still be able to consider consent or legitimate interests in some cases, depending on the nature of the processing and your relationship with the individual.

The remaining rights are not always absolute, and there are other rights which may be affected in other ways. For example, your lawful basis may affect how provisions relating to automated decisions https://www.sextonseattle.com/ and profiling apply, and if you are relying on legitimate interests you need more detail in your privacy notice. For more detail on each lawful basis, read the specific page of this guide.

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We have reviewed the purposes of our processing activities, and selected the most appropriate lawful basis for each activity. If you are processing criminal conviction data or data about offences you need to identify both a lawful basis for general processing and an additional condition for processing this type of data. We will guide you on all aspects of employment law, explaining clearly your options so that you can make an informed decision on a way forward.

Universities are classified as public authorities, so the public task basis is likely to apply to much of their processing, depending on the detail of their constitutions and legal powers. If the processing is separate from their tasks as a public authority, then the university may instead wish to consider whether consent or legitimate interests are appropriate in the particular circumstances. For example, a University might rely on public task for processing personal data for teaching and research purposes; but a mixture of legitimate interests and consent for alumni relations and fundraising purposes.

It comes into effect if you lose mental capacity, or if you no longer want to make decisions for yourself. You would set up an LPA if you want to make sure you’re covered in the future. If you lose mental capacity to make or communicate your own decisions before setting up a power of attorney, an organisation called the Court of Protection may become involved.

A company decided to process on the basis of consent, and obtained consent from individuals. An individual subsequently decided to withdraw their consent to the processing of their data, as is their right. However, the company wanted to keep processing the data so decided to continue the processing on the basis of legitimate interests. You should think about your purposes, and choose whichever basis fits best. Individuals also have the right to erase personal data which has been processed unlawfully.

The principle of accountability requires you to be able to demonstrate that you are complying with the UK GDPR, and have appropriate policies and processes. This means that you need to be able to show that you have properly considered which lawful basis applies to each processing purpose and can justify your decision. The public task basis is more likely to be relevant to much of what you do. If you are a public authority and can demonstrate that the processing is to perform your tasks as set down in UK law, then you are able to use the public task basis. But if it is for another purpose, you can still consider another basis.