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Legal Bases for Data Processing

1. Legal Obligation

Definition: Legal obligation arises when processing personal data is necessary to comply with the law.

Examples: Processing employee salary details for HMRC or complying with court orders.

Limitations: Individuals have no right to erasure, data portability, or the right to object when processing under legal obligation.

2. Vital Interests

Application: Relevant mainly to health data, vital interests come into play when processing is necessary to protect someone's life.

Consideration: If less intrusive means are available to protect vital interests, this basis may not apply.

Restriction: Not suitable for health data if the individual can provide consent, even if consent is refused.

3. Public Task

Relevance: Pertinent to public authorities or organizations exercising official authority or public interest tasks.

Criteria: The underlying task must have a clear legal basis.

Example: Private Water Companies may qualify if they carry out public administration functions with legal powers.