Legitimate interests
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Legitimate Interests in Data Processing
Understanding Legitimate Interests
Overview: Legitimate interests is a flexible lawful basis for processing, but it may not always be the ideal choice.
Appropriateness: It's suitable when using personal data in ways individuals would expect with minimal privacy risks.
Conducting a Balancing Test
Procedure: Before opting for Legitimate interests, conduct a balancing test to ensure your interests don’t override those of the individual.
Resource: Access a Legitimate Interest Assessment document in the course's download area.
Application Areas
Examples: The GDPR cites client or employee data, marketing, fraud prevention, IT security, and intra-group transfers as potential legitimate interests.
Reminder: Individuals always retain the right to object to marketing activities.
Considerations for Marketing
Criteria: Legitimate interests for marketing require showing proportionate use of personal data with minimal privacy impact.
Guidance: If potential objections are likely, consider an alternative lawful basis for marketing.
Compliance Reminder
Regulatory Compliance: Ensure compliance with Privacy and Electronic Communications Regulations even when using Legitimate Interests for marketing.
Documentation: Document decisions and complete a legitimate interest assessment for processing activities.