LEGAL BASIS FOR INSTRUCTING QWARIE
Before you instruct Qwarie to process an instruction, you are required to determine and document the legal basis for the instruction.
Under the GDPR, you have the right to investigate a person where the purpose is explicit and legitimate.
There is no right to instruct a, 'fishing expedition'.
When you document the legal basis, you must specify, from the outset, why you are collecting personal data and what you intend to do with it.
Your instruction to Qwarie must be explicit.
The ICO provides an interactive guidance tool that shall determine the Legal Basis.
In most instances, the legal basis is, 'Legitimate Interest'.
You should document the explicit justification and conduct a further 'Legitimate Interest Assessment' using the checklist at:
Keep a dated record of the documentation and the check-list.
Now, you are ready to instruct Qwarie.
We recommend that your instruction to Qwarie explicitly states the Legal Basis.
So that your instruction might commence with, 'As the data controller [your entity name] and in compliance with the Data Protection Act 2018, [OR The General Data Protection Regulation 2016/679] (DELETE AS APPROPRIATE) the legal basis for this instruction is Legitimate Interest [or other].
Thereafter, the instruction should identify the subject(s) and what it is that you wish Qwarie to research in relation to the subject.
Qwarie is not legally accountable for the advice provided on this page. If in doubt, read the extensive guidelines provided by the ICO.
Qwarie is not authorised to provide legal advice and shall not be liable in law for any loss or injury suffered by any party.
In all legal matters, it is best to consult with your lawyer.