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Legitimate Interest Assessments template
Is there any template around Legitimate Interest Assessments?
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Andrei Hanganu
Mar 26, 2018
Answer:
There is no such document in the toolkit and this is because entities can use different ways to assess their legitimate interests against the rights and freedoms of the data subjects.
The legitimate interest is provided as a lawful ground for processing by EU GDPR Article 6(1)(f) “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child” https://advisera.com/eugdpracademy/gdpr/lawfulness-of-processing/ and starting form this description an assessment would most likely be divided into three parts:
1. Purpose test: are you pursuing a legitimate interest and what is that legitimate interest?
2. Necessity test: is the processing necessary for that purpose, is legitimate interest the most suitable basis for pro cessing ?
3. Balancing test: do the individual’s interests override the legitimate interest?
To learn more about legitimate interests see this free online training GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course//
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Mar 26, 2018
Mar 26, 2018
Mar 26, 2018