On February 02, 2024, the ANPD launched the Guidance Guide on the Legitimate Hypotheses of Data Processing – Legitimate Interest, to clarify the main points for applying the legal hypotheses of the legitimate interest of controllers or third parties.

The Guide provides guidelines for interpreting and implementing the legal hypothesis, addressing the definitions of the relevant concepts, and the parameters for their interpretation.

In addition, the Guide introduced a simplified balancing test model. This model considers the interests of the controller or third parties on the one hand and the fundamental rights and freedoms of the holders on the other. It consists of three distinct phases: i) establishing the purpose; ii) assessing the need; and iii) analyzing the balance and establishing safeguards. If the rights of the data subjects prevail, the controller must not process based on legitimate interest.

The Guide emphasizes that the adoption of the legal basis of legitimate interest should be avoided by governmental bodies when the processing of personal data is carried out compulsorily or to fulfill legal or regulatory obligations or attributions, being admitted, eventually, in specific cases, depending on the particular case.

To access the full Guidelines, click HERE.

❮ Back to the bulletin LGDP Express no. 05/24