Article 9(2)(c) of UK GDPR condition of processing special category data in the vital interests of the data subject is only applicable in which of the following circumstances:

Article 9(2)(c) of UK GDPR condition of processing special category data in the vital interests of the data subject is only applicable in which of the following circumstances:
A . When another lawful basis applies.
B . When a data subject is incapacitated
C . When the data subject is physically unable to be present
D . When the data subject refuses to consent

View Answer

Answer: B

Explanation:

Article 9(2) © of UK GDPR allows the processing of special category data when it is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent. This means that the data subject is unable to exercise their right to consent or object to the processing, either because they are unconscious, in a coma, suffering from a severe mental disorder, or otherwise unable to communicate their wishes. This condition is intended to cover emergency situations, such as life-threatening medical interventions, where the data subject’s consent cannot be obtained in time. It does not apply when another lawful basis applies, when the data subject is physically absent but still capable of giving consent, or when the data subject refuses to consent.

Reference: Article 9(2)© of UK GDPR1

ICO guidance on special category data2