Annex 1
Lawfulness of processing: recognised legitimate interests
Disclosure for purposes of processing described in Article 6(1)(e)
- This condition is met where:
- the processing is necessary for the purposes of making a disclosure of personal data to another person in response to a request from the other person, and
- the request states that the other person needs the personal data for the purposes of carrying out processing described in Article 6(1)(e) that has a legal basis that satisfies Article 6(3).
National security, public security and defence
- This condition is met where the processing is necessary:
- for the purposes of safeguarding national security,
- for the purposes of protecting public security, or
- for defence purposes.
Emergencies
- This condition is met where the processing is necessary for the purposes of responding to an emergency.
- In paragraph 3, “emergency” has the same meaning as in Part 2 of the Civil Contingencies Act 2004.
Crime
- This condition is met where the processing is necessary for the purposes of:
- detecting, investigating or preventing crime, or
- apprehending or prosecuting offenders.
Safeguarding vulnerable individuals
- This condition is met where the processing is necessary for the purposes of safeguarding a vulnerable individual.
- In paragraph 6:
- “safeguarding”, in relation to a vulnerable individual, means:
- a. protecting a vulnerable individual from neglect or physical, mental or emotional harm, or
- b. protecting the physical, mental or emotional well-being of a vulnerable individual;
- “vulnerable individual” means an individual:
- a. aged under 18, or
- b. aged 18 or over and at risk.
- For the purposes of paragraph 7:
- protection of an individual, or of the well-being of an individual, includes both protection relating to a particular individual and protection relating to a type of individual, and
- an individual aged 18 or over is “at risk” if the controller has reasonable cause to suspect that the individual:
- has needs for care and support,
- is experiencing, or at risk of, neglect or physical, mental or emotional harm, and
- as a result of those needs is unable to protect themselves against the neglect, harm or risk.