GDPR Article 6 outlines the basic lawful principles that prohibits all processing of personal data unless it is based on specific legal stipulations.
Lawfulness of Processing
- Processing shall be lawful only if and to the extent that at least one of the following applies:
- (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- (b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- (c) processing is necessary for compliance with a legal obligation to which the controller is subject;
- (d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- (e) 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;
- (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.- Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX.
- The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by:
- (a) Union law; or
- (b) Member State law to which the controller is subject.
The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.
- Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia:
- (a) any link between the purposes for which the personal data have been collected and the purposes of the intended further processing;
- (b) the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller;
- (c) the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10;
- (d) the possible consequences of the intended further processing for data subjects;
- (e) the existence of appropriate safeguards, which may include encryption or pseudonymisation.
Lawfulness of Processing
- Processing shall be lawful only if and to the extent that at least one of the following applies:
- (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- (b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- (c) processing is necessary for compliance with a legal obligation to which the controller is subject;
- (d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- (e) 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;
- (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by domestic law.
The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. The domestic law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.- Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or domestic law which constitutes a necessary and proportionate measure in a democratic society to safeguard [national security, defence or any of] the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia:
- (a) any link between the purposes for which the personal data have been collected and the purposes of the intended further processing;
- (b) the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller;
- (c) the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10;
- (d) the possible consequences of the intended further processing for data subjects;
- (e) the existence of appropriate safeguards, which may include encryption or pseudonymisation.
GDPR Article 6 outlines 7 factors that contribute towards what it defines as a ‘lawful basis for processing’:
In this section we talk about GDPR Articles 6 (1)(a), 6 (1)(b), 6 (1)(c), 6 (1)(d), 6 (1)(e), 6 (1)(f), 6 (2), 6 (3), 6 (4)(a), 6 (4)(b), 6 (4)(c), 6 (4)(d) and 6 (4)(e)
Depending on the jurisdiction, organisations may have to prove that their PII processing activities are lawful before they begin.
To form a legal basis for processing PII, organisations should:
For every point mentioned above, organisations should be able to offer documented confirmation.
Organisations also need to consider any ‘special categories’ of PII that relate to their organisation in their data classification scheme (see ISO 27701 Clause 7.2.8) (classifications may vary from region to region).
If organisations experience any changes to their underlying reasons for processing PII, this should be immediately reflected in their documented legal basis.
In this section we talk about GDPR Article 6 (4)(e)
Organisations either need to completely destroy any PII that no longer fulfils a purpose, or modify it in a way that prevents any form of principal identification.
As soon as the organisation established that the PII doesn’t need to be processed at any time in the future, the information should be deleted or de-identified, as the circumstances dictate.
| GDPR Article | ISO 27701 Clause | ISO 27701 Supporting Clauses |
|---|---|---|
| EU GDPR Articles 6 (1)(a) to 6 (4)(e) | ISO 27701 7.2.2 | ISO 27701 7.2.8 |
| EU GDPR Article 6 (4)(e) | ISO 27701 7.4.5 | None |
The ISMS.online platform includes built-in guidance at each step, combined with our ‘Adopt, Adapt, Add’ implementation approach, so demonstrating your GDPR compliance is significantly easier. You will also benefit from a range of powerful time-saving features.
By mapping your work across multiple standards and frameworks, our intuitive platform makes it easy to accomplish multiple information security and data privacy goals.
If for any reason you experience a lack of confidence, ability or the drive to take action during your journey to GDPR, we can make our team of in-house experts available or recommend one of our trusted partners to give your efforts a boost.
Find out more by booking a short demo.
