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  1. consent

  2. contractual necessity,

  3. compliance with legal obligations,

  4. vital interest, 

  5. public interest, and 

  6. legitimate interests

 [ISO/IEC 29184]

Receipt Type

GDPR Legal Justification

Definition

Privacy Rights (7)

Consent Type Label - Profile Label (Art 30)

Liability

Controller / Provider liability in the chain for personal data

#FakePrivacy

NA

when their are not enough information elements for a notice to provide a consent type.

N/A - To provide legal notice - which includes what notice Fake Notice Should Be Reported by Investigator

no legal justification type detected or contact of adhesion defined as consent

OPN-MDC-Receipt transfers liability.
3 liability to Risk Category

  • civil

    • contract / industry framework / person

  • privacy

    • person / privacy / government

  • technology

    • certification / insurance

Contract Notice Receipt

Contractual Necessity

 personal data should be processed on the basis of the consent of the data subject concerned or some other legitimate basis, laid down by law, either in this Regulation or in other Union or Member State law as referred to in this Regulation, including the necessity for compliance with the legal obligation to which the controller is subject or the necessity 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.

Subject Access, Rectification, Restrict Processing (3)

Note; must by binding on processors to be valid.

Implicit-Contractual Necessity


Legal Notice Receipt

Legal Obligation

processing is necessary for compliance with a legal obligation to which the controller is subject.

Subject Access, Rectification, Restrict Processing (3)

Consent Not Applicable


Emergency Notice Receipt

Best/Vital Interest of Data Subject,

When consent is not required is when it is legally deemed in the best interest of the data subject to disclose and process personal information. Vital interests are intended to cover only interests that are essential for someone's life. 

Subject Access, Rectification, Restrict Processing, Automated Individual Decision Making(4)

No Consent is Needed


Public Notice Receipt

Public Interest, Public Org Surveillance

ask carried out in the public interest or in the exercise of official authority vested in the controller (Article 6(1)(e) and Recital 45

Subject Access, Rectification, Restrict Processing, Object, Automated Individual Decision Making (5)

Consent Not Required


Legitimate Notice Receipt

Legitimate Interest

  1. 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.

Subject Access, Rectification, Erasure, Restrict Processing, Object, Automated Individual Decision Making (6)

No Consent Needed


Consent Notification Receipt

Consent

consent is implicit by the action of PII Principle, in accordance with a Notice or Notification

Subject Access, Rectification, Erasure, Restrict Processing, Object, Automated Individual Decision Making (6)

Implicit Consent


Implied-Consent Notice Receipt

Consent - Explicit Consent

consent is in some way implied through the action of the person, e.g. walking through door, entering personal data in a form, or opting-out

Subject Access, Rectification, Erasure, Restrict Processing, Data.Portability (5)

Implied Consent


Consent Notice Receipt (ISO 29184 Appendix)

Consent

a notice and consent receipt which provides a record of an explicit consent.

Subject Access, Rectification, Erasure, Restrict Processing, Data.Portability (5)

Explicit Consent


Altruistic Consent Notice Receipt

Consent - Explicit (pre)defined consent

the Person defines the privacy requirements of the consent in a Privacy Agreement, where the individual understands and is aware, because the person set the terms. The consent still needs to conform to the legal requirements of Explicit Consent


Subject Access, Rectification, Erasure, Restrict Processing, Data.Portability (5)

Consent Directive - Certified Awareness Level