Lawful basis
The legal ground that allows personal data to be processed under Art. 6 GDPR, such as consent or legitimate interests.
Under Art. 6 of the GDPR, all processing of personal data needs a lawful basis. Without one it isn’t lawful, however well people are informed. The controller chooses the basis before starting and states it in the information it provides.
- Consent of the person.
- Performance of a contract with them.
- Legal obligation of the controller.
- Vital interests of the person or someone else.
- Public task or exercise of official authority.
- Legitimate interests of the controller, unless overridden by the person’s rights.
For recording work meetings, legitimate interests, contract and consent are the ones usually considered. In an employment relationship, consent is rarely seen as freely given because of the imbalance between employer and staff. If special category data is recorded, the conditions in Art. 9 also apply.
Choosing the lawful basis depends on each case and is the controller’s decision. This is general information, not legal advice. We go into it in recording Teams meetings and the GDPR.
