Using legitimate interests as a basis for data processing under the General Data Protection Regulation (GDPR) does not require the explicit consent of the data subject. The legitimate interests basis allows organizations to process data without consent if the processing is objectively necessary to achieve important goals for the company or third parties. However, the use of this basis requires careful consideration and must comply with the overall requirements of the General Data Protection Regulation. One such legitimate aim is the installation of video surveillance cameras on company premises to ensure safety and protect property against theft. Here, the legitimate interest is the company's and its employees' safety and property protection. However, the company has an obligation to inform data subjects about video surveillance and to ensure that the use of video surveillance does not infringe on the fundamental privacy rights of data subjects, such as customers and passersby. This includes limiting the placement of cameras, for example, by not monitoring personal spaces such as restrooms, showers, and changing rooms, and ensuring the secure storage of video recordings. When it comes to sending marketing materials, the use of legitimate interests can be more complicated, as this touches on issues of data subjects' rights and freedoms, such as privacy and the right not to be disturbed. Therefore, before using legitimate interests as a basis, companies should ensure that they send marketing emails to existing customers who have previously purchased their products to inform them about new offers. They must ensure that data subjects can opt out of further communications at any time, thereby ensuring that customers' fundamental rights and freedoms are respected. However, while the use of legitimate interests for marketing purposes may be possible, companies more often choose another legal basis for data processing, such as the data subject's consent, as this provides greater certainty of the data subject's support and reduces potential disputes over the legality of data processing. Overall, by properly using this basis, companies can ensure the realization of both their commercial and security interests while respecting the fundamental rights of data subjects. Here, the emphasis should be on the words 'using it correctly,' therefore be sure to discuss these conditions with your data protection specialist.

Achieving Legitimate Objectives: A Deeper Dive into GDPR Compliance

One of the key foundations of the General Data Protection Regulation (GDPR) is the principle of legitimate interests. This principle permits organizations to process personal data without the express consent of the data subject, provided the processing is objectively necessary to achieve important goals for the organization or third parties. However, leveraging this basis requires careful consideration and must comply with the overall requirements of GDPR.

Implementing Video Surveillance

A practical example of using legitimate interests is the installation of surveillance cameras on company premises for security purposes. Here, the legitimate interest is in protecting the company's property against theft and ensuring the safety of employees. However, companies must inform data subjects about the surveillance and ensure that the use of these cameras does not infringe on the fundamental privacy rights of individuals such as customers and passersby. This includes limiting the placement of cameras, for example, to avoid monitoring private spaces such as bathrooms, showers, and locker rooms. Additionally, secure storage of video recordings is mandatory.

Marketing Communications: A Complex Scenario

Utilizing legitimate interests for sending marketing materials can be more complex, as it involves considerations regarding the data subject's rights and freedoms, such as privacy and the right not to be disturbed. Organizations should ensure that marketing emails are sent to existing customers who have previously purchased their products, informing them about new offers. Also, data subjects must be given the option to opt-out of future communications at any time, thus ensuring that their fundamental rights and freedoms are respected.

Seeking Explicit Consent for Marketing

Despite the potential to use legitimate interests for marketing purposes, many organizations prefer to rely on other legal bases for data processing, such as obtaining explicit consent from the data subject. This approach often provides greater assurance of the data subject's support and reduces potential disputes over the legality of the data processing. Overall, by correctly using this legal basis, companies can ensure the realization of both their commercial and security interests while respecting the fundamental rights of data subjects. Emphasis should be placed on the words 'using it correctly'; therefore, it is imperative to discuss these conditions with your data protection specialist.