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IDENTIFYING A LEGITIMATE INTEREST
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Question
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Answer
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Why do you want to process the data - what are you trying to achieve?
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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.
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Who benefits from the processing? In what way?
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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.
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Are there any wider public benefits to the processing?
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The Judge, lawyers and insurance companies involved in Medical-legal cases will benefit from the processing.
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How important are those benefits?
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Very important - Medico-Legal cases could not be satifactorily conducted without an expert opinion.
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What would the impact be if you couldn't go ahead?
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Medico-Legal cases would take place without clinical opinion.
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Would your use of the data be unethical or unlawful
in any way?
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No.
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THE NECESSITY TEST
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Does this processing actually help to further that interest?
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Yes, the processing is vital.
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Is it a reasonable way to go about it?
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Yes. It would be irresponsible not to record the relevant personal data of the Data Subjects.
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Is there another less intrusive way to achieve the same result?
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No. It is essential that the personal data of the Data Subjects is recorded.
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THE BALANCING TEST
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What is the nature of your relationship with the individual?
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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.
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Is any of the data particularly sensitive or private?
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Yes. The personal data of Data Subjects may be sensitive and/or private to a degree depending on circumstances.
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Would people expect you to use their data in this way?
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Yes. Processing Data Subjects' for the purposes of keeping records is a fundamental role of a doctor.
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Are you happy to explain it to them?
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Yes.
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Are some people likely to object or find it intrusive?
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Most unlikely as the processing will normally be expected.
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What is the possible impact on the individual?
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It is essential the relevant personal data of the Data Subjects concerned is processed.
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Are any of the individuals vulnerable in any other way?
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Potentially yes, according to circumstances.
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Can you adopt any safeguards to minimise the impact?
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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.
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Can you offer an opt-out?
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No. The purpose for which the processing is taking place could not be achieved with processing the personal data concerned.
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OUTCOME OF ASSESSMENT
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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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