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When Can You Use Legitimate Interest?

by Adam Brogden
in Blog

31-May-2019 10:59

As part of your GDPR preparations you need to ensure that you have a lawful basis to collect, store, or process data. The lawful basis depends on the nature of your organisation you’re your relationship with the data subject. Your Optindigo documentation pack includes a description of the options available and how these can be applied and we are always available to help. Many companies believe that Legitimate Interest is the easiest lawful basis and opt for this as the basis of their GDPR preparations, however you need to be very careful if you do this.

Legitimate interests is the most flexible lawful basis for processing, but you cannot assume it will always be the most appropriate. Legitimate interests can be your own interests or the interests of third parties and commercial interests as well as wider societal benefits.

Under the GDPR:

  • You can now consider the legitimate interests of any third party, including wider benefits to society.

  • You must give particular weight to protecting children’s data.

  • Public authorities are more limited in their ability to rely on legitimate interests, and should consider the ‘public task’ basis instead for any processing they do to perform their tasks as a public authority. Legitimate interests may still be available for other legitimate processing outside of those tasks.

  • The biggest change is that you need to document your decisions on legitimate interests, under the new GDPR accountability principle. You must also include more information in your privacy information.

More information and a full checklist take a look at your Optindigo pack or contact us anytime to discuss.

Good luck all.