Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)
Section 3: Principles, legal grounds and GDPR duties for employers – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249) 3.1.1(c): 3.1.1(c) Legitimate interest: a legitimate purpose, a necessary and least intrusive method, a demonstrated balance

An employer relying on legitimate interest must show that the purpose is legitimate, that the chosen method or technology is necessary for it and proportionate to the business need, and that it runs in the least intrusive way, aimed at the specific area of risk. It must be able to show the measures that balance its interest against workers' rights, and the worker keeps the right to object on compelling legitimate grounds. Section 6.2 adds that this ground works only where the processing is strictly needed.

Maintained by Gerard Blokdyk

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Other controls in Section 3: Principles, legal grounds and GDPR duties for employers – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

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