Hogan Lovells

Key Dates

Guidance on legitimate interests and draft guidance for consultation on data protection impact assessments (see separate entry) issued on 22 March 2018.

Consultation period in relation to DPIAs closes on 13 April 2018.  


The Information Commissioner's Office (ICO) has issued guidance on legitimate interests and draft guidance on data protection impact assessments (DPIAs).  Points to note in relation to legitimate interests include the following.


Choice of lawful basis for processing

Test for using legitimate interests justification

o    Purpose test: is there a legitimate purpose behind the processing?

o    Necessity test: is the processing necessary for that purpose?

o    Balancing test: is the legitimate interest overridden by the individual's interests, rights or freedoms?

Purpose test

Necessity test

Balancing test

o    the nature of the personal data to be processed;

o    the reasonable expectations of the individual; and

o    the likely impact of the processing on the individual and whether any safeguards can be adopted.  

Date Accessed: 03/12/2021