Legal System

There is no absolute ban on public authorities using consent or legitimate interests as their lawful basis, although there are some limitations. For more information, see the specific guidance page on each lawful basis. If your purposes change, you may be able to continue processing under the original lawful basis if your new purpose is compatible with your initial purpose . Your privacy notice should include your lawful basis for processing as well as the purposes of the processing. Most lawful bases require that processing is ‘necessary’ for a specific purpose. If you can reasonably achieve the same purpose without the processing, you won’t have a lawful basis.

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If you are processing special category data you need to identify both a lawful basis for general processing and an additional condition for processing this type of data. If you’re setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. These details can be sent to your solicitor or a family member if you lose mental capacity. It is your responsibility to ensure that you can demonstrate which lawful basis applies to the particular processing purpose.

You can fill out the forms yourself, or with the help of a solicitor or local advice agency. Taking professional advice can prevent problems later on, especially if you’re unsure of the process or your affairs are complex. An LPA for financial decisions can be used while you still have mental capacity or you can state that you only want it to come into force if you lose capacity. This covers decisions about your financial affairs and is valid while you have mental capacity. It is suitable if you need cover for a temporary period or if you find it hard to get out, or you want someone to act for you.

Needing more time to understand or communicate doesn’t mean you lack mental capacity. For example, having dementia doesn’t necessarily mean that someone is unable to make any decisions for themselves. Where someone is having difficulty communicating a decision, an attempt should always be made to overcome those difficulties and help the person decide for themselves. A power of attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you’re no longer able to or if you no longer want to make your own decisions.

Featured article New report on technology and regulation Our new report explores how regulators can actively support technology that safely increases access to legal services. If your purposes change over time or you have a new purpose which you did not originally anticipate, you may not need a new lawful basis as long as your new purpose is compatible with the original purpose. A university that wants to process personal data may consider a variety of lawful bases depending on what it wants to do with the data. On the other hand, if you prefer to give individuals full control over and responsibility for their data , you may want to consider relying on individuals’ consent. We have included information about both the purposes of the processing and the lawful basis for the processing in our privacy notice. We have documented our decision on which lawful basis applies to help us demonstrate compliance.

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You look to us for https://www.wikipedia.org/ solutions which represent good value for money and are delivered in an effective and friendly way. We aim to go a step further and provide a consistently exceptional client experience to everyone who chooses to seek our advice. Further guidance can be found in the section on special category data. Even if the processing for a new purpose is lawful, you will also need to consider whether it is fair and transparent, and give individuals information about the new purpose. Consent must always be specific and informed, and reusing the data for a new purpose would unfairly undermine the original consent.