Lawful basis for processing and sharing your data
The legal bases for the council using and sharing your data are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:
- Care Act 2014
- Health and Social Care Act 2012
- Health and Social Care Quality and Safety Act 2015 Section 251(b)
Data protection laws oblige us to identify a lawful basis for processing information. These have been identified as follows:
Article 6 (1) – Processing Personal Confidential Data
(c) Legal obligation: processing is necessary for compliance with a legal obligation to which the Controller (s) is subject.
(d) Vital interests: processing is necessary in order to protect the vital interests of the data subject or of another natural person.
(e) Public task: 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 (s).
Article 9 (2) – Processing Special Category Data
(c) Vital interest: processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
(g) Public interest: processing is necessary for reasons of substantial public interest,
(h) Provision of Healthcare Services: processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services pursuant to contract with a health professional and subject to relevant DPA conditions and safeguards listed in Schedule 1, Part 1 of the UK DPA 2018.
(i) Public Interest: processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices
(j) Research: processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes