I understand the line of thinking used by the ICO person you spoke to, but struggle to see how that works in practice. The example you describe (behaviour management) seems to relate to a compatible secondary purpose, which then doesn’t require an additional Art 6 condition. If it was to be considered a Public Task, you would then have to define the relevant bit of legislation or common law for it…

 

Donald

 

 

We get this question as well.

 

When we discussed it with one of the senior policy bods at ICO the stress was on the use of Public Task as a term for the overall lawful basis, but getting schools to understand where their official authority stands (i.e. they have power to complete certain tasks but the application of that was in their control, e.g. behaviour management) or where the activities where part of tasks that had a wider role (e.g. delivery of a curriculum).

Establishing a need for data sharing is the most important part, and then seeing if there is an expectation to do it.

 

Not sure it completely answers your question, but might help with framing the question.

 

Tony Sheppard CIPP/E

--

Head of Services

GDPR in Schools

02039 610 110

 

 

I am currently struggling with Article 6(1)(e) and the difference between ‘in the public interest’ and ‘under official authority’. I am starting from the point that there must be a difference, otherwise the legislators wouldn’t have included them both…

 

What puzzles me is the requirement in 6(3) for the basis for the processing to be laid down in law (either in an enactment or common law). What would constitute a task in the public interest that does have a basis in law, but doesn’t have official authority?

 

The actual situation I am looking at is where one public authority has a legal obligation to process for a very routine purpose and another public authority has some necessary data, but has no authority to share it with the first.

 

Thanks

 

Donald

 

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