New Working Party formed to clarify ‘Legitimate Interests’

A new Working Party has been formed to produce guidance on Legitimate Interests and the GDPR. The DPN Legitimate Interests Working Group has been formed by The Data Protection Network (DPN), the DMA, ISBA and cross-sector data protection specialists, and is chaired by Robert Bond, partner at Bristows LLP. It is producing the guidance on the basis of Article 40 (2) of the GDPR, which states: “Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to … (b) the Legitimate Interests pursued by controllers in specific contexts.” The guidance will be aimed at both the not-for-profit sector and commercial businesses, and will include practical advice on a number of areas including: Understanding what Legitimate Interests are Identifying areas of processing where Legitimate Interests may apply Making Legitimate Interest Assessments (LIAs) that meet the crucial ‘Balance of Interests Condition’ threshold Effectively and transparently communicating Legitimate Interests to consumers Supporting the individual’s right to object to processing under Legitimate Interests It will cover a wide range of uses of personal data to highlight potential risks and help individuals understand why Legitimate Interests may be beneficial for them as well as for organisations. The Working Party expects to submit its draft guidance to the ICO for review and comment in early April. Rachel Aldighieri, DMA managing director, said: “Specifics for using legitimate interest are currently conspicuous by their absence from the ICO’s guidance. Marketers need to know the “how, when and why” of Legitimate Interests as a legal basis for contacting potential customers so they can better understand and better prepare their businesses to operate properly and compliantly under the GDPR from May 2018. “The Information Commissioner, Elizabeth Denham, said she wants to work with industry to develop practical guides, which is why the DMA joined the Data Protection Network’s Legitimate Interests Working Party to work with the ICO and draft practical guides to help the industry.” Chair of the Working Party, Robert Bond said: “A cross-industry guide to the appropriate reliance on the use of Legitimate Interests to lawfully process personal data is both timely and necessary in order to support the work of the ICO in creating practical advice on Consent and other lawful data processing mechanisms both now and under GDPR.”

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