On reviewing this thread I was struck again by Dan's comment: "In my defence: although the language used is technically correct, it's still fairly common to refer to the processing condition (lawful basis) as the legal basis. I suppose it didn’t ought to be. "
The problem is that it is - officially. We cannot really make that distinction consistently. Granted recitals 40 and 41 appear to make a distinction but the elephant is that Art 13(1)(c) and Art 14(1)(c) both use "legal basis" and it appears to be common ground that this means the lawful ground under Article 6.
ICO Checklist on Art 13 actually says you must give "The lawful basis for the processing" when GDPR says "legal basis".
On the other hand the EU DP Handbook consistently refers to the Art 6 conditions as "legal basis" e.g. "No additional legal basis, such as consent of the data subjects, is needed", "any new purpose of processing will require a separate new legal basis." etc. etc. etc.
So "legal basis" IS technically correct usage for the processing condition. It can mean two different things depending on context - the lawful basis under Art 6(1) or the specific law under Art 6(3). We can try to follow ICO by using "lawful basis" for the first but no surprises when we get to cross purposes when both meanings are used in the same question.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
