Legitimate Interests Guidance Notes
The UK GDPR sets out a range of principles, obligations, and rights concerning the collection, holding, and processing of personal data. The first of the data protection principles set out in the UK GDPR is that of lawfulness, fairness, and transparency. This lawfulness element of this principle requires that you establish a lawful basis for processing personal data before you begin.
Article 6 of the UK GDPR directly addresses lawfulness, 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.
These Legitimate Interests Guidance Notes explain the legitimate interests lawful basis in detail, explaining what the basis is and how to apply it practically, asking what your legitimate interest is, whether the processing you are proposing is necessary for your chosen purposes, and whether there is a reasonable balance between your interests in processing the personal data and the interests, rights, and freedoms of individuals.
These guidance notes may also be helpful in completing a Legitimate Interests Assessment, a document designed to help determine whether or not legitimate interests is an appropriate lawful basis for processing.
Please note that these guidance notes are designed with SMEs in mind and may not include information relevant to public authorities and similar organisations.
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