You are assuming that lawful bases are mutually exclusive when they are not
(see GDPR Art. 61 "at least one of the following applies" reference) . For
pictures processing it is typically justified by multiple bases depending
on the use case (legal obligation, consent, even public interest etc). The
question is how to align the specific use case with the data subject rights
and the controller obligations. You have to segment your use cases to do
that analysis.
Lydia F. de la Torre
Privacy Fellow / Program Co-Director
Data Protection Professor
Santa Clara Law School
Phone 408 554 2766
On Thu, Sep 6, 2018 at 1:27 AM, Phil Bradshaw <[log in to unmask]> wrote:
> Regardless of anything someone at ICO may have suggested the right to
> object does not even exist when the processing is based on legal obligation
> as Art 6 (1)(c) is not one of the triggering conditions of Art 21. So there
> are no times when it needs to be considered. It is also practically
> impossible to see how any of the triggering conditions for restriction in
> Art 18 could arise and certainly not condition (d). The photo will not be
> inaccurate, the processing cannot be unlawful (legal obligation) and the
> data is still needed (legal obligation).
>
> Isn't the real problem here that you are all wrong in using legal
> obligation? The functions you mention may be legal obligations but I don't
> think any of them say "thou shalt keep a photo". Your post referring to it
> as fairly common suggest others manage otherwise
>
> Surely the reality is it is 6(1)(e) or (f) - I leave you to decide whether
> these functions are part of your public task / official authority as it
> matters not for this issue - and the 'normal rules' under Art 21 and 18
> apply? I also leave you to ponder the necessity test if the practice is not
> universal.
>
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