The legal basis that allows the processing of data for legitimate purposes of the controller, provided that the rights of the data subject do not prevail.
Legitimate interest is the legal basis that authorizes the processing of personal data to meet the legitimate interests of the controller or a third party, when these interests do not prevail over the fundamental rights and freedoms of the data subject.
It is the most flexible and most demanding basis in terms of documentation: it is up to the controller to demonstrate, through the assessment of legitimate interest (LIA), that the treatment is necessary, expected by the data subject and accompanied by safeguards.
Article 7, IX, of LGPD Article 10 establishes the basis for data processing and sets the conditions: legitimate purposes, specific situations, support and promotion of the controller's activities, protection of the regular exercise of the data subject's rights, processing only of strictly necessary data, and transparency. The ANPD (National Data Protection Authority) may request an impact assessment report when the processing is based on legitimate interest (Article 10, § 3), and Article 37 highlights the registration of these operations. Legitimate interest does not apply to sensitive data.
Os Diagnoses and Assessments They bring the LIA model, linked to the treatment activity registered in Data Mapping, with a history of versions and approvals.
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