When assessing data processing, how is 'legitimate interest' typically viewed?

Legitimate interest is typically viewed as a primary legal basis for data processing under the General Data Protection Regulation (GDPR). This legal basis allows organizations to process personal data if they can demonstrate that their interests or the interests of a third party outweigh the rights and freedoms of the data subjects. It is one of the six lawful bases outlined by the GDPR and is often used because it provides flexibility for organizations to justify data processing activities without requiring explicit consent.

To rely on legitimate interest, organizations are required to conduct a legitimate interest assessment (LIA) to ensure that the processing is not only necessary but that the benefits of the processing outweigh the potential risks to the data subjects' privacy. This careful balancing act is crucial, as it must be demonstrated that the interests of the organization do not infringe on the fundamental rights of individuals.

This perspective reinforces the understanding that legitimate interest is a well-recognized and valid basis for data processing rather than being viewed as weak, a misconception, or a secondary legal basis.