PDP9 practice question 2 of 10

Which of the below would be the BEST example of processing that could utilise the Public Interest Task lawful basis?

Full set: 40 questions
Answer options
A: A health authority processing the personal information of its staff in order to record all training undertaken
B: A debt collection agency processing information relating to unpaid fines for misuse of community council car parking.
C: A local authority processing the personal information of the person responsible for paying council tax Correct answer
D: A tax authority drops cookies on the devices of visitors to its website
Correct Answer:
C. A local authority processing the personal information of the person responsible for paying council tax
Explanation

The collection of council tax is a statutory duty performed by a local authority. This processing is necessary for the performance of a task carried out in the public interest and in the exercise of official authority vested in the controller (the local authority). This aligns directly with the definition of the 'Public Interest Task' lawful basis under GDPR Article 6(1)(e). This is a core, non-commercial function of a public body mandated by law, making it the clearest and most appropriate example among the choices.

Why Incorrect

A. Processing staff training records is more appropriately covered under the 'Contract' lawful basis, as it is necessary for the employment contract.
B. While the underlying task is public, the processing is by a third-party debt collector, making it a less direct example than a public authority performing its own statutory duty.
D. Placing non-essential website cookies is governed by ePrivacy regulations (like PECR in the UK), which almost always require 'Consent' as the lawful basis.

References

1. Information Commissioner's Office (ICO). (2024). Guide to the UK General Data Protection Regulation (UK GDPR) - Lawful basis for processing: Public task.

Section: "When can we rely on the public task basis?"

Content: The guidance states, "It covers processing that is necessary for your 'official function' or 'a task in the public interest'. You must have a basis for the task in law... It is most relevant to public authorities, but it can be used by any organisation that exercises official authority or carries out a task in the public interest." The collection of taxes is a quintessential example of an official function based in law.

2. Information Commissioner's Office (ICO). (2024). Guide to the UK General Data Protection Regulation (UK GDPR) - Lawful basis for processing: Contract.

Section: "When is processing 'necessary' for a contract?"

Content: This section clarifies that processing employee data for administrative purposes, such as managing their employment, falls under the 'Contract' basis, supporting why option A is incorrect.

3. Information Commissioner's Office (ICO). (2019). Guidance on the use of cookies and similar technologies.

Page 12, Section: "What is the standard for consent?"

Content: The guidance confirms that for non-essential cookies, "consent must be obtained" and that it must meet the GDPR standard of a "clear affirmative action." This rules out 'Public Interest Task' as a basis for option D.

4. Regulation (EU) 2016/679 (General Data Protection Regulation).

Article 6(1)(e): Defines the lawful basis as: "processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller". This is the legal foundation for the correct answer.

Scroll to Top