The vital interest is applicable when the personal data processing is required to protect someone’s life.
This basis will not apply when it is possible to reasonably protect the person’s vital interests in another less intrusive way.
This basis also will not apply for health data or other special category data if the individual is capable of giving consent or if the individual refuses to give consent.
As always, the action should be documented for justification about the why and how the personal data was gathered and processed and, if relevant, the individuals should be informed.
What are “Vital Interests”?
Following Recital 46, vital interests are intended to cover only interests that are essential for someone’s life.
When is it Applied?
Since this lawful basis is very limited in its scope, it generally only applies to matters of life and death.
Thus, this is particularly relevant for emergency medical care, specially when the personal data processing is necessary for medical purposes and but the individual is not capable of giving consent for the processing.
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