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For the marketer, three of the six generic examples in the GDPR (in recitals 47 to 50) of where a Controller may have a legitimate interest are of particular note. 1. Direct marketing The GDPR states, ‘the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.’What are common examples of “legitimate interests” that controllers rely upon?
What are common examples of “legitimate interests” that are relied upon by controllers? The GDPR prohibits a company from processing personal data unless one of six “lawful purposes” are present. One of those lawful purposes occurs when processing is necessary for a “legitimate interest pursued by the controller or by a third party.” 1What rights do individuals have under the GDPR?
Individuals can object to data processing for legitimate interests (Article 21 of the GDPR) with the controller getting the opportunity to defend themselves, whereas where the controller uses consent, individuals have the right to withdraw that consent and the ‘right to erasure’.What is a legitimate interest in personal data?
Your legitimate interest requires a careful assessment of the circumstances surrounding the processing of personal data. This includes the nature of your relationship with the individual whose information you wish to use, e.g. if the individual uses a service provided by you. When does Legitimate Interest apply and how to demonstrate it?