Personal Information Released Without Consent In Orange
Description
Form popularity
FAQ
Fully 'anonymised' data does not meet the criteria necessary to qualify as personal data and is therefore not subject to the same restrictions placed on the processing of personal data under the General Data Protection Regulation (GDPR).
In data protection law, to share any information, a 'lawful basis' is needed. But there are six lawful bases available. Consent is just one of them. Consent often won't be appropriate, in which case you should use one of the other five.
“any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”.
Legitimate interests: you can process personal data without consent if you need to do so for a genuine and legitimate reason (including commercial benefit), unless this is outweighed by the individual's rights and interests. Please note however that public authorities are restricted in their ability to use this basis.
Everyone has the right to the protection of personal data concerning him or her. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned, or some other legitimate basis laid down by law.
It is good practice for you to have written data sharing agreements when controllers share personal data. This helps everyone to understand the purpose for the sharing, what will happen at each stage and what responsibilities they have. It also helps you to demonstrate compliance in a clear and formal way.
In data protection law, to share any information, a 'lawful basis' is needed. But there are six lawful bases available. Consent is just one of them. Consent often won't be appropriate, in which case you should use one of the other five.
In summary, you can process personal data without consent if it's necessary for: A contract with the individual: for example, to supply goods or services they have requested, or to fulfil your obligations under an employment contract.
4.3 Principle 3 - Consent. The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate. Note: In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.
Legitimate interests: you can process personal data without consent if you need to do so for a genuine and legitimate reason (including commercial benefit), unless this is outweighed by the individual's rights and interests. Please note however that public authorities are restricted in their ability to use this basis.
