THIS TEMPLATE CAN BE SELECTED AND THEN COPIED (Crtl+C) AND PASTED (Ctrl+V) INTO A WORD DOCUMENT FOR AMENDMENT AS REQUIRED, INCLUDING DELETION OF UNWANTED OR IRRELEVANT PARAGRAPHS AS NECESSARY.


EXAMPLE LEGITIMATE INTERESTS ASSESSMENT for DOCTORS

I have undertaken a Legitimate Interests Assessment and this is documented below. This Assessment conforms to the Guidance for Legitimate Interest Assessments provided by the Information Commissioner's Office ('ICO').
See ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legitimate-interests/
The following is largely self-explanatory but is explicitly stated below in order to ensure compliance with the GDPR regulations issued by the European Union.


IDENTIFYING A LEGITIMATE INTEREST
Question Answer
Why do you want to process the data - what are you trying to achieve? If or when I agree, on request, to prepare a Medico-Legal Report in Personal Injury or Clinical Negligence cases for a Court, I will need to process personal data relating to the Data Subject or Subjects for the purpose of supplying such Reports.

If or when I agree to participate in Clinical Trials or Research, I will need to process personal data relating to the Data Subject or Subjects for the purpose of participating in such Trials and/or Research.

If or when I agree to undertake Consultations with Private Patients, I will need to process personal data relating to the Data Subject or Subjects for the purpose of such Consultations for the purposes of recording information relating to the Data Subjects for subsequent use by i) me in future Consultations and ii) other clinical and/or administrative staff in connection with the current and possible future Consultations.

Who benefits from the processing? In what way? The Claimants and Defendants in Medico-Legal cases will benefit from my opinion regarding the case as detailed in the relevant Medico-Legal Reports that I prepare.

Future patients will benefit from the knowledge gained from Clinical Trials and Research. The participants may also benefit.

Private Patients will benefit from my processing of personal data relating to the Data Subjects in the current Consultation with me and in potential future Consultations either with me of other clinical staff.

Are there any wider public benefits to the processing? The Judge, lawyers and insurance companies involved in Medical-legal cases will benefit from the processing.

Future patients, pharmaceutical companies, doctors and other clinical staff, nationally and potentially worldwide, will benefit from my processing of the Data Subjects' personal data in Clinical Trials.

For Private Patients, the processing of the Data Subjects' personal data will facilitate continuity of treatment and care by me and/or other clinical and administrative staff involved.

How important are those benefits? Very important - Medico-Legal cases could not be satifactorily conducted without an expert opinion. Clinical Trials and Research could not take place without input from the doctors involved. My processing of the patients' personal data is essential in conducting Consultations.

What would the impact be if you couldn't go ahead? Medico-Legal cases would take place without clinical opinion.

Clinical Trials and Research would take place without clinical input.

Treatment of Private Patients would not be recorded for subsequent use.

Would your use of the data be unethical or unlawful
in any way?
No.

THE NECESSITY TEST
Does this processing actually help to further that interest? Yes, the processing is vital.

Is it a reasonable way to go about it? Yes. It would be irresponsible not to record the relevant personal data of the Data Subjects.

Is there another less intrusive way to achieve the same result? No. It is essential that the personal data of the Data Subjects is recorded.

THE BALANCING TEST
What is the nature of your relationship with the individual? In Medico-Legal cases, the Data Subject is not a patient but will be examined by me in connection with the case concerned in order that a clinical opion is available to the Court.

In Clinical Trials and Research, the Data Subject will be a patient.

In Consultations for Private Patients, the Data Subject will be a patient.

Is any of the data particularly sensitive or private? Yes. The personal data of Data Subjects may be sensitive and/or private to a degree depending on circumstances.

Would people expect you to use their data in this way? Yes. Processing Data Subjects' for the purposes of keeping records is a fundamental role of a doctor.

Are you happy to explain it to them? Yes.

Are some people likely to object or find it intrusive? Most unlikely as the processing will normally be expected.

What is the possible impact on the individual? It is essential the relevant personal data of the Data Subjects concerned is processed.

Are any of the individuals vulnerable in any other way? Potentially yes, according to circumstances.

Can you adopt any safeguards to minimise the impact? Yes. The Personal Data of Data Subjects is already kept confidential and only supplied to those who need it for a valid and recognised purpose.

Can you offer an opt-out? No. The purpose for which the processing is taking place could not be achieved with processing the personal data concerned.

OUTCOME OF ASSESSMENT
MEDICO-LEGAL
In Medico-Legal cases, it is essential that I process the Data Subject's or Subjects' relevant personal data for the Medico-Legal purpose concerned, taking reasonable precautions to keep records secure. Any possible detriment to Data Subjects resulting from the processing is unavoidable.

As some of the personal data I process for Medico-Legal purposes is Special Category Personal Data, I note that this is allowed under GDPR Article 9, paragraph 2(f) which allows "processing [that] is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity."

CLINICAL TRIALS AND RESEARCH
In Clinical Trials and Research, it is essential that I process the Data Subject's or Subjects' relevant personal data for the Trials and/or Research purposes concerned, taking reasonable precautions to keep records secure. Any possible detriment to Data Subject resulting from the processing is unavoidable.

As some of the personal data I process for Clincial Trials and Research purposes is Special Category Personal Data, I note that this allowed under GDPR Article 9, paragraph 2(i) which allows "processing [that] is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy."

CONSULTATIONS FOR PRIVATE PATIENTS
In Consultations with Private Patients, it is essential that I process the Data Subject's relevant personal data for the healthcare purpose concerned, taking reasonable precautions to keep records secure. Any possible detriment to Data Subject resulting from the processing is unavoidable.

As some of the personal data I process for Consultations with Private Patients is Special Category Personal Data, I note that this allowed under GDPR Article 9, paragraph 2(h) which allows "processing [that] is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3."

CONCLUSIONS
I conclude, therefore, that the need for me to process the Personal Data of the Data Subjects concerned outweighs any possible disadvantage to the Data Subject concerned.

I also conclude that the prohibition of the Processing of Special Category data under Article 9 of the GDPR is explicitly permitted for my practice by paragraphs 2(f), 2(h) and 2(i) of Article 9.

Signed: [Name]

[NAME in CAPITALS]

Position: [Consultant, GP]

Review Date: [Date]

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