Data Protection in Camden - your rights

Camden’s commitments to processing personal data lawfully

Camden will determine its lawful basis for processing personal information and ensure this is adequately recorded.

There are a number of ways that processing can be lawful. Consent is one method but it is important to know that consent is not always required. The council can lawfully process personal data if one condition below is met, even if this is not consent. For example, the council would be unlikely to collect council tax arrears if residents could withdraw their consent for processing their data for this.  

The council must meet one of the conditions in the first list to process personal data lawfully. If it is special category personal data the council must also meet a condition from the second list.

Lawfulness of processing conditions 

The council needs to meet one of these conditions.  If consent is not obtained it can still lawfully process the data if a different condition applies. These are set out in the Data Protection Act 2018 and they are:
  • consent of the data subject
  • processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
  • processing is necessary for compliance with a legal obligation
  • processing is  necessary to protect the vital interests of a data subject or another person
  • 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

Conditions for special categories of data

If the data is special personal data, then, as well as one of the conditions above, the council also needs to meet a second condition. Like personal data, consent is not needed if a different condition is met.
  • explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law
  • processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
  • processing is  necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent
  • processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without consent
  • processing relates to personal data manifestly made public by the data subject
  • processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity
  • processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards
  • processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional
  • 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 healthcare and of medicinal products or medical devices
  • processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1)
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