On Friday 27th November, FEDMA was selected and invited by the European Data Protection Board to discuss legitimate interest.
The French, Belgium, Spanish and Luxembourg DPAs moderated the discussions on the topics of the nature of a “legitimate” interest, interests of controllers, third parties, data subjects and the added value of an updated EDPB guidance.
FEDMA called for a balanced approached to LI, in line with the prior 2014 Opinion of the article 29 working party and recital 47 of the GDPR. We called to update the Opinion with recent case law, examples and LI assessment (LIA) sector neutral framework. We cautioned the EDPB against white or black lists, as the outcome of an LIA is very contextual and depends on many factors.
The EDPB confirmed that they would take a principle-based approach, avoiding exhaustive lists of LIs. They will work on a toolbox with some additional specificities for SMEs. We should not expect the guidance before some months. The industry will be consulted on the draft version of the updated guidance. FEDMA will continue to provide feedback on this dossier.