Analysing the viability of ‘legitimate interests’ as a lawful means of processing personal data

Abstract

Personal data is indivisible from the person. It contains information on patterns of behavior, personal preferences and a person’s overall identity. Technology continues to row at a rapid rate and personal data therefore needs to be afforded a similar level of rights and protections that would accrue to an individual. This will ensure that there is safeguarding of people’s privacy, dignity and even their autonomy. Various strides have been made in order to give this protection, including providing for specific grounds by which personal data may be lawfully processed. Among these grounds however, is one ground whose ambiguity carries with it a large potential for misuse or abuse. This reference is made in accordance with the ‘' legitimate interests '’ ground. This research seeks to investigate the legitimate interest ground and to examine the rationale for its creation, its impact in data processing thus far and to make recommendations on whether it should be limited to certain actors such as the state. It also seeks to consolidate the information available about this ground in order to bring clarity on what it covers and what falls outside its scope.