Legitimate interests
CIPP/E glossary · Last reviewed: · By Victor Humenhuk (CIPP/E certified)
Legitimate interests - Lawful basis where processing is necessary for interests of the controller/third party, unless overridden by the data subject's rights - not available to public authorities in performing their tasks.
In the CIPP/E body of knowledge, Legitimate interests comes up under Ch 14.2 - Legal basis; Ch 15.5 - Video surveillance; Ch 16.1 - DP and direct marketing.
Legitimate interests in context
- [[Legitimate interests]] (6(1)(f)) is the ==most flexible== basis and the one on which most processing relies, but ==public authorities cannot use it for their tasks==. (Legitimate interests & the balancing test)
- Exam scenarios frequently turn on ==consent vs legitimate interests==. (Consent vs legitimate interests - choosing correctly)
- A major GDPR shift: unlike the Directive, controllers must now ==state the legal basis in the privacy notice== (and describe legitimate interests pursued). (Legal obligation & public interest - extra detail; documenting the basis)
Where Legitimate interests is covered in the CIPP/E study notes
- Lawfulness, fairness and transparency
- Legitimate interests & the balancing test
- Transparency principle
- Legal basis for processing employee personal data
- Video surveillance (CCTV): lawful basis and proportionality
- Data protection and direct marketing
- Module 4 · The six Article 6 lawful bases
- Module 4 · Legitimate interests and the balancing test
- Module 8 · Employee data - legal layers, works councils & legal bases
Related terms
- Lawful basis
- Fairness
- Transparency
- LIA
- Balancing test
- Fair processing information
- Consent
- Employment contract
- Legal obligation
- CCTV
Test yourself on Legitimate interests
Recognising a definition is not the same as applying it in an exam scenario. Work through the free CIPP/E practice questions, or read the full CIPP/E study guide - every study note is free.