Legitimate interests
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Legitimate interests is the most flexible lawful basis for processing, however, it should not always be assumed to be the best option.
It can be most appropriate where you use personal data in a way that an individual would reasonably expect and in ways that have a minimal privacy risk.
However, before selecting Legitimate interests as your lawful basis you should carry out a balancing test or legitimate interests assessment, which you use to ensure that your interests don’t override the interests of the individual. A Legitimate interest assessment or balancing test document is available in the download area of this course.
The GDPR mentions the use of client or employee data, marketing fraud prevention, IT security and intra-group transfers as potential legitimate interests but this is not all data groups that may fall within this lawful basis.
Remember that individuals will always have the absolute right to object to receiving marketing.
Legitimate interests may be considered for marketing activities if you can show how you use the personal data, that it’s proportionate and that it has a minimal privacy impact. If people are likely to object or be surprised to hear from you, then it may be wise to choose another lawful basis for your marketing.
When using Legitimate Interests for marketing you still need to make sure you don’t require consent under the Privacy and Electronic Communications Regulations.
Remember, if you consider legitimate interest is applicable to your processing activity, you must balance your interests against those of the individual, after completing the legitimate interest assessment and clearly documenting your decisions.