GDPR-6-02 Prohibition 6 — Lawfulness of processing

Prohibition on legitimate interests basis for public authorities

Description

Public authorities performing their tasks are prohibited from using the legitimate interests lawful basis (point f) for processing personal data.

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Ensure lawful basis for processing

Establish legal basis in Union or Member State law for legal obligation/public task

Determine processing purpose in legal basis

Ensure legal basis meets public interest objective and proportionality

Conduct compatibility assessment for further processing

Consider purpose linkage in compatibility assessment

Consider collection context in compatibility assessment

Consider data nature in compatibility assessment

Consider processing consequences in compatibility assessment

Consider safeguards existence in compatibility assessment

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