Guest user Created: Feb 28, 2018 Last commented: Feb 28, 2018

Process for changing purpose

Where a new, and formerly not envisaged purpose for using previously collected data defined, and where the original purpose was covered by a "blanket" legal ground, such as “legitimate interest" and so is the new purpose, is it still required to acquire consent from the data subjects. (as suggested in the template Privacy Policy). Or would an update to the Privacy notice for the particular processing activity be sufficient?

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Andrei Hanganu Feb 28, 2018

Answer:

If you are going to use the collected personal data for another purpose than the initial one, this means that the data subject will not be informed about this new purpose thus the requirements of EU GDPR article 13 (1)(b) - Information to be provided where personal data are collected from the data subject https://advisera.com/eugdpracademy/gdpr/information-to-be-provided-where-personal-data-are-collected-from-the-data-subject/) will not be complied with.

So, if you identify a legitimate interest for that specific processing activity and you can provide the updated information via a Privacy Notice.

However, if you cannot rely on legitimate interest you could turn to consent although not the most reliable of the legal grounds. Note that the consent needs to be informed thus the same information as in the Privacy Notice needs to be provided.

You might find the following article useful “Is consent needed? Six legal bases to process data according to GDPR” https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/ as well as our webinar on “Privacy Notices under the EU GDPR” https://advisera.com/eugdpracademy/webinar/privacy-notices-under-the-eu-gdpr-free-webinar-on-demand/

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Feb 28, 2018

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