Data Core · Data Collection · Module

Consent and basis

What the organisation is entitled to collect and hold, on what basis, and what it has told people.

The idea

How it works

What is technically capturable and what the organisation is entitled to hold are different sets, and the second is smaller. Collection decisions made purely technically produce obligations nobody assessed.

Purpose limitation is the constraint that matters operationally: data collected for one purpose cannot simply be used for another, and the useful new analysis is frequently the one that would breach it.

Working with it

In practice

  1. 01

    Record the basis per data set

    Consent, contract, legitimate interest or obligation. Each has different consequences for what you may then do.

  2. 02

    State the purpose at collection

    And keep to it. A later use outside the stated purpose needs its own basis.

  3. 03

    Collect less

    Data collected because it might be useful is an obligation with no offsetting benefit until it is used.

  4. 04

    Check what people were actually told

    The privacy notice is a commitment. Practice that has drifted from it is a breach regardless of intent.

One level in

The components of consent and basis

A component is something that exists afterwards which did not exist before — a deliverable or a mechanism, not an intention.

  1. The basis

    What entitles the organisation to hold each data set.

    Learn
  2. The purpose

    What it was collected for, which constrains what it may be used for.

    Learn
  3. The notice

    What people were told, and whether practice still matches it.

    Learn

Data collected because it might be useful is an obligation with no benefit until it is actually used.