Which of the below would be the BEST example of processing that could utilise the Public Interest Task lawful basis?

Which of the below would be the BEST example of processing that could utilise the Public Interest Task lawful basis?
A . A health authority processing the personal information of its staff in order to record all training undertaken
B . A debt collection agency processing information relating to unpaid fines for misuse of community council car parking.
C . A local authority processing the personal information of the person responsible for paying council tax
D . A tax authority drops cookies on the devices of visitors to its website

View Answer

Answer: C

Explanation:

The public interest task lawful basis applies to the processing of personal data that 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. The relevant task or authority must have a clear basis in domestic law, such as a statutory power, a common law duty, or a function of the Crown, central or local government. The processing must also be necessary, meaning that there is no reasonable and less intrusive way to achieve the same purpose. The public interest task lawful basis is most relevant to public authorities, but it can also apply to any organisation that exercises official authority or carries out tasks in the public interest. In scenario C, a local authority processing the personal information of the person responsible for paying council tax is likely to rely on the public interest task lawful basis, as it is performing a task in the public interest that is laid down by law, namely the Local Government Finance Act 1992, and the processing is necessary for the collection and administration of council tax. In contrast, scenarios A, B and D are less likely to qualify for the public interest task lawful basis, as they do not involve a clear task or authority that is set out in law, or that serves the public interest. For example, a health authority processing the personal information of its staff in order to record all training undertaken may have a different lawful basis, such as legitimate interests or contractual necessity. A debt collection agency processing information relating to unpaid fines for misuse of community council car parking may not have any official authority or public interest justification for its processing. A tax authority dropping cookies on the devices of visitors to its website may not be able to demonstrate that the processing is necessary for its official functions, and may also need to comply with the Privacy and Electronic Communications Regulations (PECR) for the use of cookies.

Reference: UK GDPR, Article 6 (1) (e) and (3)8

ICO Guide to Data Protection, Public Task9

Local Government Finance Act 199210