The EU Article 29 Working Party's Guidance on the "Legitimate Interest" Ground for Processing Personal Data

When precisely is a data controller lawfully permitted to process personal data?

If a data controller does not have the consent of a data subject to process his or her data, when does the “legitimate interest” condition bite?

These are the million-dollar questions that the many EU entities (as well as those farther afield) that process data grapple with on a daily basis.

The EU Data Protection Directive (95/46/EC) sets out six grounds on which EU data controllers can lawfully process personal data. In addition to consent, the processing being “necessary” for the performance of a contract and so on, Article 7(f ) of the Directive also lists “legitimate interests” as a basis for lawful processing of personal data.

Originally published in World Data Protection Report on June 7, 2014.

Please see Full Article below for more Information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Cybersecurity, Data Controller, EU, EU Directive, Legitimate Business Interest, Personally Identifiable Information, Prior Express Consent

Published In: General Business Updates, Consumer Protection Updates, International Trade Updates, Privacy Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pillsbury Winthrop Shaw Pittman LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »