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EXAMPLE LEGITIMATE INTERESTS ASSESSMENT for DOCTORS UNDERTAKING MEDICO-LEGAL WORK

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.

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.

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.

How important are those benefits? Very important - Medico-Legal cases could not be satifactorily conducted without an expert opinion.

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

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.

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 in connection with a Medico-Legal case.

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 CASES
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."

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 or Subjects concerned in a Medico-Legal case.

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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