Hi all,
We are looking ahead to the GDPR and the processing conditions. In particular we are looking what is currently condition 6 - the legitimate interests condition. In terms of the GDPR the equivalent processing condition does not apply to processing carried out by public authorities in the performance of their tasks.
We often get enquiries from solicitors acting on behalf of members of the public to get personal data and sometimes sensitive personal data of third parties in relation to prospective or actual court actions that their client is involved in. We generally take condition 6 as being the appropriate processing condition. With the removal of our ability to rely on that condition by the GDPR in relation to our public tasks, we are wondering if we, as a public authority, would be able to rely on the processing condition in Article 6(1)(f) because the processing is in relation to the legitimate interests of someone else other than us and not in connection with our public task. If we can't then this will require the person concerned to get court orders for information and result in costs and delays unless we could identify another relevant condition.
We were wondering whether any one else has had a look at this yet. If you have, what are your thoughts?
Bill Dunn
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