Legitimate Interest Assessment Template

A Legitimate Interest Assessment (LIA) template is a formal document used to evaluate and document the legal basis for processing personal data under the “legitimate interests” ground as outlined in data protection laws.

What it is:
The Legitimate Interest Assessment template is a structured document that helps organizations determine whether they can lawfully process personal data based on their legitimate interests. It involves assessing the necessity of the processing, balancing the organization’s interests against the data subjects’ rights and freedoms, and documenting the findings to ensure compliance with data protection regulations. This assessment is crucial for justifying data processing activities that do not rely on consent or contractual necessity.

When it is used:
This template is used whenever an organization seeks to process personal data under the legitimate interests basis. It is commonly employed in various contexts, such as direct marketing, fraud prevention, or employee monitoring, where the processing serves a legitimate business purpose. The LIA ensures that the organization carefully considers and justifies the processing activity, providing transparency and accountability.

By whom:
The Legitimate Interest Assessment template is typically prepared by data protection officers (DPOs), compliance officers, or other responsible personnel within the organization. It may also involve input from legal advisors to ensure the assessment meets regulatory requirements. The completed LIA should be reviewed and approved by senior management to ensure organizational accountability.

Legal base:
The legal basis for conducting a Legitimate Interest Assessment in the UK is derived from the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. These regulations require organizations to have a lawful basis for processing personal data, one of which is legitimate interests. The LIA helps to demonstrate that the organization has considered and balanced its interests against the rights and freedoms of the data subjects, ensuring compliance with Article 6(1)(f) of the UK GDPR.

Potential fines and situations when they may be imposed:
Failure to properly conduct and document a Legitimate Interest Assessment can result in regulatory scrutiny and fines from the Information Commissioner’s Office (ICO). Potential fines and legal consequences may arise if the organization cannot demonstrate a valid legal basis for processing personal data or if the processing disproportionately impacts data subjects. Situations that may trigger these consequences include inadequate assessment documentation, failure to mitigate risks to data subjects, and processing activities that violate data protection principles. Fines can reach up to £17.5 million or 4% of the annual global turnover, whichever is higher, for serious breaches of the UK GDPR.

Utilizing this template ensures that the organization systematically evaluates and documents its legitimate interests, providing a robust framework for lawful data processing and enhancing compliance with data protection regulations.

The Legitimate Interest Assessment template serves as a flexible form applicable across various situations. Delivered in Microsoft Word, it is crafted in straightforward language for effortless utilization and modification.

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