#015 GDPR What is legitimate interest?

What is legitimate interest?

Legitimate interests provides a legal basis for processing personal data where the “processing is necessary for the purposes of the legitimate interests pursued by the [data] controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

What is the official guidance on legitimate interest?

  • “Should not be treated as ‘a last resort’ for rare or unexpected situations”
  • “Should not be automatically chosen, or its use unduly extended on the basis of a perception that it is less constraining than the other grounds”