Lawful Basis
Definition
One of the six conditions listed in Article 6 that must be satisfied before personal data may be processed. The controller must identify and document the lawful basis before processing begins; it cannot be selected retrospectively when challenged.
- Legal framework
- GDPR Article 6
- Number of conditions
- Six
- Timing requirement
- Must be identified before processing begins
- Key rule
- Cannot be selected retrospectively once challenged
Common questions
Why can't a controller switch lawful basis after a complaint is raised?+
Regulators treat retrospective basis-shopping as evidence the processing was not properly assessed from the start, so documenting the chosen basis and its justification before processing begins is required to demonstrate accountability under GDPR.
How does lawful basis affect a forensic laboratory handling personal data?+
A lab processing case data, biometric samples, or witness information must identify which of the six conditions, such as legal obligation or public task, justifies that processing, since this determines what safeguards and individual rights apply to the data.
Related terms
- Controller
- The natural or legal person, authority, agency, or other body that determines the purposes and means of processing personal data. The controller...
- Data Protection Impact Assessment (DPIA)
- A structured risk assessment required under Article 35 before any processing that is likely to result in high risk to individuals' rights...
- Processor
- A natural or legal person that processes personal data on behalf of the controller. Processors are directly bound by certain GDPR obligations...
- Record of Processing Activities (ROPA)
- The inventory of processing operations required under Article 30. It documents the purposes, data categories, recipients, retention periods, and security measures for...
- Supervisory Authority
- The national data protection regulator responsible for enforcing GDPR in a given EU member state, such as the UK Information Commissioner's Office...