Understanding the Balancing Act Behind the Legitimate Interest of the Controller Ground: A Pragmatic Approach

Brussels Privacy Hub, Vol. 4, No. 12, August 2018

35 Pages Posted: 20 Aug 2018

See all articles by Irene Kamara

Irene Kamara

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Free University of Brussels (LSTS)

Paul De Hert

Free University of Brussels (VUB)- LSTS; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: August 8, 2018

Abstract

The General Data Protection Regulation provides new tools and concepts such as Data Protection Impact Assessments, accountability and certification, but to a large extent retains the rationale of the Data Protection Directive for a principles-driven legislation. One of the cornerstones of both the reformed and new EU data protection legislation is the grounds for lawful processing. Much debate has taken place over consent and the conditions for a meaningful informed choice of the data subject, while other grounds have not been at the spotlight of academia and practitioners. The legitimate interest of the controller has been one of the least discussed legal grounds for lawful processing, with a few exceptions, mainly the opinion of the Article 29 Data Protection Working Party, despite its significance as equally binding ground for processing. This contribution analyses the concept of legitimate interest of the controller of art. 6 (f) GDPR in relation to art. 7 (f) of the Data Protection Directive 95/46/EC and the interpretations of the concept by the Court of Justice of the EU and the Article 29 Data Protection Working Party.

Keywords: Article 6 GDPR, balancing, Breyer, consent, Data processing, ground for processing, legitimate interest

Suggested Citation

Kamara, Irene and De Hert, Paul, Understanding the Balancing Act Behind the Legitimate Interest of the Controller Ground: A Pragmatic Approach (August 8, 2018). Brussels Privacy Hub, Vol. 4, No. 12, August 2018. Available at SSRN: https://ssrn.com/abstract=3228369 or http://dx.doi.org/10.2139/ssrn.3228369

Irene Kamara

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Free University of Brussels (LSTS) ( email )

Pleinlaan 2
Brussels, 1050
Belgium

HOME PAGE: http://www.vub.ac.be/LSTS/

Paul De Hert (Contact Author)

Free University of Brussels (VUB)- LSTS ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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