To further emphasize what Chris said.
Where relying on "Public Task" Article 6(1)(e), the ICO clarifies that:
" Document your decision to rely on this basis to help you demonstrate compliance if required. You should be able to specify the relevant task, function or power, and identify its statutory or common law basis."
This " statutory or common law basis" is what is referred to as the Legal Basis - not the Lawful Basis, which is the Article conditions
Kind regards
H
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Palmer-Dunk, Daniel
Sent: 20 September 2018 08:28
To: [log in to unmask]
Subject: Re: [data-protection] Legal basis for investigations
I was with Phil on this; I didn’t understand the question, because the processing condition (from A6+9) is often referred to as the legal basis (the ICO refers to it as the lawful basis).
If you're looking for the legislation that gives the CCG the power or obligation to process personal data to investigate complaints - what are their A6+9 conditions? If they're using 6(1)(c) or (e) what is their basis in legislation, as that would often seem to lead to the same place.
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Tinsley
Sent: 19 September 2018 20:12
To: [log in to unmask]
Subject: Re: [data-protection] Legal basis for investigations
Arts 6 and 9 are what allows me to satisfy my obligations under GDPR. Underlying that as a public body there needs to be something that allows me to do the processing in the first place. For example it might be a requirement under the Health and Social care act 2012 to investigate a breach.
Articles 6 and 9 don’t give me a legal basis.
Chris
Sent by me
> On 19 Sep 2018, at 13:01, Phil Bradshaw <[log in to unmask]> wrote:
>
> I'm not sure I understand the question.
>
> You say Arts 6 and 9 are easily satisfied. What other legal basis are you looking for?
>
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