The purpose of this article is not to cover everything there is to know about GDPR. It focuses on one selected question: What are the conditions for processing personal data based on the legitimate interest of the operator or a third party?
We base it on the wording of the GDPR itself, discussions in professional publications and a useful publication published by the Data Protection Network, called Legitimate interest Guidance and available on this page: https://www.dpnetwork.org.uk/dpn-legitimate-interests-guidance/ .
Legal basis for processing under GDPR
The GDPR defines six legal bases (titles) for processing personal data in its Article 6.
These titles are:
The change in the conditions for obtaining consent and the risk of withdrawal of consent will motivate the review of other legal bases, germany telegram data in particular those processed on the basis of so-called legitimate interest. Although this basis may be an appropriate solution in many cases, its application is subject to several conditions.
Legitimate interest as the legal basis for processing
The GDPR therefore sets out more conditions for the application of legitimate interest than the legal basis for processing:
The data subject may object to the processing of his/her data based on legitimate interest, and the operator must inform him/her of this right. In the case of data collection online, the right to object must be available by automated means (Article 21(5) GDPR).
In that case, how does shopify work? learn to use shopify in these 7 easy steps the objection of the data subject is final and entails the obligation of the operator to stop using the data for the given purpose (Article 31(3) GDPR) and to erase them (Article 17(1)(c) GDPR). Although the preamble to the GDPR directly defines direct marketing as a legitimate interest, the consequences of the objection are stricter.
So what exactly can be a legitimate interest? Nevertheless, turkey data official (e.g. from Working Group 21) or unofficial (e.g. the aforementioned DPN Guidelines) interpretations of its provisions are emerging.
But how does the operator proceed in cases where the legitimate interest is not so clear and obvious?Nterest strong enough to balance the limitation of the interests, rights and freedoms of the person concerned?
The first prerequisite and basic step is for the operator to clearly name, describe and evaluate the legitimate interest. However, one cannot rely on finding a legitimate interest when I have to.
How to assess legitimate interest to comply with GDPR
The GDPR text itself provides some guidance and explanations regarding the acquisition and definition of legitimate interest. The normative text is relatively concise, more details can be found in the Preamble of the regulation, especially in points 47-50.
Fraud prevention
The same applies to fraud prevention. The processing of personal data that is unavoidably necessary for fraud prevention is considered a legitimate interest under point 47. Unlike direct marketing, an objection in this case does not mean the termination of processing or deletion, but is treated as any other objection (processing is restricted, the operator can demonstrate compliance with the processing conditions).
Relevant and reasonable relationship and reasonable expectations
Point 47 also adds other criteria for legitimate interest. When processing legitimate interest, the reasonable expectations of the data subject, given their relationship with the operator, must be taken into account.
Intra-group transfers
In point 48 of the preamble, the GDPR provides that in the case of a group of interconnected companies. There may be a legitimate interest for intra-group transfers of data to an employee or customer. Of course, all rules for data transfer must. Be observed in this case as well, and the principles of data minimization and processing time apply.
Network security and information security
According to point 49 of the preamble, ensuring network and information security is also a legitimate interest. The GDPR defines it as the ability of a network or information system to withstand failures or unlawful. Intentional acts that compromise the availability, authenticity, integrity and confidentiality of personal data stored. Transmitted, the security of related services offered or accessible through these networks.