Legitimate Interests Assessment
This Legitimate Interests Assessment template is designed to assist SMEs in evaluating legitimate interests as a suitable lawful basis for processing personal data.
Article 6 of the UK GDPR addresses the lawfulness of personal data processing, and this article provides several different lawful bases to choose from. The most flexible of these bases (while none is inherently better than another) is “legitimate interests”.
Your choice of lawful basis will depend on the purpose or purposes for which you wish to process personal data and your relationship with the individual data subjects concerned. Nonetheless, the legitimate interests basis is flexible and has become widely-used by businesses as the justification for their personal data processing.
A three part test is derived from Article 6(1)(f) of the UK GDPR as follows:
1. Is there a legitimate interest behind the processing? (the “Purpose test”)
2. Is the processing necessary for that purpose? (the “Necessity test”)
3. Is the legitimate interest overridden by the individual’s interests, rights, or freedoms? (the “Balancing test”)
This Legitimate Interests Assessment is split into three main sections, each of which asks a number of sub-questions to help provide answers to each of the three questions above.
In some cases, the outcome of a Legitimate Interests Assessment may reveal higher risks to individuals and a Data Protection Impact Assessment or “DPIA” will be required. This template prompts you to complete a Data Protection Impact Assessment Screening Checklist in order to determine whether or not a DPIA is necessary.
Having completed the Legitimate Interests Assessment, you should have what you need to make a decision as to whether legitimate interests is a suitable lawful basis to use for your proposed processing of personal data. If you do decide that it is suitable, it is important to remember that the decision should be reviewed periodically and that information about your lawful basis (or bases in some cases) should be included in the privacy information made available to individuals.
This Legitimate Interests Assessment is unlocked and in .doc format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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