Processing personal data—legitimate interests

Published by a LexisNexis Risk & Compliance expert
Practice notes

Processing personal data—legitimate interests

Published by a LexisNexis Risk & Compliance expert

Practice notes
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This Practice Note explains the scope for relying on legitimate interest as a lawful ground for processing personal data under the UK General data protection Regulation (UK GDPR). It is based on the requirements of the UK GDPR, together with

  1. detailed guidance from the Information Commissioner’s Office (ICO): legitimate interests under the UK GDPR, and

  2. European Data Protection Board (EDPB) Guidelines 1/2024 on processing of personal data based on Article 6(1)(f) GDPR—according to the ICO, EDPB guidelines are no longer directly relevant to the UK regime and are not binding under the UK regime, however they may still provide helpful guidance on certain issues

For guidance on conducting a legitimate interests assessment (LIA), see Practice Note: How to conduct a legitimate interests assessment. See also Precedent: Legitimate interests assessment—data processing and Legitimate interests assessment flowchart.

Why is this important?

You cannot simply process personal data simply because you wish to do so. You can only process personal data if you satisfy one of the grounds set out in UK GDPR, Art 6(1). These are commonly

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Jurisdiction(s):
United Kingdom
Key definition:
Processing definition
What does Processing mean?

Processing means obtaining, recording, holding, or carrying out any operation on personal data. It includes organisation or alteration; retrieval or use; disclosure and anonymisation, blocking or destruction. Most operations in relation to personal data will constitute processing.

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