![]() See our guidance on Public authorities under the EIR for more details. This is because they are considered to be carrying out functions of public administration and they exercise special legal powers to carry out utility services in the public interest. Private water companies are likely to be able to rely on the public task basis even if they do not fall within the definition of a public authority in the Data Protection Act 2018. The focus is on the nature of the function, not the nature of the organisation. Who can rely on this basis?Īny controller who is exercising official authority or carrying out a specific task in the public interest. The point is that your overall purpose must be to perform a public interest task or exercise official authority, and that overall task or authority has a sufficiently clear basis in law. You do not need specific legal authority for the particular processing activity. This means that it includes clear common law tasks, functions or powers as well as those set out in statute or statutory guidance. However, Recital 41 clarifies that this does not have to be an explicit statutory provision, as long as the application of the law is clear and foreseeable. This will most often be a statutory function. What does ‘laid down by law’ mean?Īrticle 6(3) requires that the relevant task or authority must be laid down by domestic law. See our Guide to RPSI for more on public task in the context of RPSI. However, you shouldn’t assume that it is an identical test. There is some overlap, as a public sector body’s core role and functions for RPSI purposes may be a useful starting point in demonstrating official authority for these purposes. In particular, there is no direct link to the concept of ‘public task’ in the Re-use of Public Sector Information Regulations 2015 (RPSI). Your focus should be on demonstrating either that you are carrying out a task in the public interest, or that you are exercising official authority. However, this is not a term used in the UK GDPR itself. In this guide we use the term ‘public task’ to help describe and label this lawful basis. You do not have a lawful basis for processing if there is another reasonable and less intrusive way to achieve the same result. ‘Necessary’ means that the processing must be a targeted and proportionate way of achieving your purpose. However, you must be able to demonstrate that the processing is ‘necessary’ for that purpose. If you can show you are exercising official authority, including use of discretionary powers, there is no additional public interest test. exercising official authority (for example, a public body’s tasks, functions, duties or powers) which is laid down by law. ![]() carrying out a specific task in the public interest which is laid down by law or.“processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller” You should be able to specify the relevant task, function or power, and identify its statutory or common law basis.Īrticle 6(1)(e) gives you a lawful basis for processing where: Document your decision to rely on this basis to help you demonstrate compliance if required.If you could reasonably perform your tasks or exercise your powers in a less intrusive way, this lawful basis does not apply. You do not need a specific statutory power to process personal data, but your underlying task, function or power must have a clear basis in law.It is most relevant to public authorities, but it can apply to any organisation that exercises official authority or carries out tasks in the public interest.to perform a specific task in the public interest that is set out in law.This covers public functions and powers that are set out in law or ‘in the exercise of official authority’.You can rely on this lawful basis if you need to process personal data:.International data transfer agreement and guidance Ransomware and data protection compliance Rights related to automated decision making including profiling
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