| Abstract [eng] |
In this final thesis author analyses problematic aspects of legitimate interest as a lawful basis for processing personal data, its conditions of legitimacy and proper application in practice. Therefore, author analyses the purpose of the legitimate interest, the essential conditions of legitimacy for this lawful basis and its exclusivity from other lawful bases for the processing of personal data. Moreover, author provides a definition of legitimate interest as a lawful basis for processing of personal data. Author analyses stages of the assessment of legitimate interests, the most important evaluation criterions and the practical significance of the results. Also, the author presents relevant case law and examines hypothetical situations, reveals the significance of the necessity and the close connection with the principle of data minimization, the meaning of the balancing test and the proportionality of the impact on the legitimate interests and fundamental rights and freedoms of data subjects. In this final thesis legitimate interest was compared with other lawful bases for the processing of personal data in order to reveal the advantages and disadvantages of legitimate interest. Lastly, in this final thesis author presents other insights into the shortcomings of the legitimate interest as a lawful basis, which could have practical implications for data controllers, who are choosing to process personal data on this lawful basis, and for legislators when considering legislative amendments or new legislation. |
