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It seems like when using legitimate interest as a basis for processing that _what you do_ with the data is much more important than what it is you’re collecting in the first place.

When registering an account with an online service, you will probably have to give up your email address. The legitimate interest is to be able to let you log in again and to send password reset emails, or other account related notifications like “we have detected a suspicious login from another continent”.

If you want to stick someone on your marketing email list, asking for consent is a much better option! Unless the context is extremely clear (the email field is specifically for signing up for the email list), asking for consent seems safer.

But in both cases, the basis is about the processing of the data, not the data itself.




Yes, this is important - GDPR is mainly about how you are allowed to use data, ie for what purposes you are processing the data (although collection and storage is also “processing” as a side point)


You would not use legitimate interests to cover off your processing of data in connection with letting a user log in to your site, if it is a requirement of using the service that you are logged in, for example to authenticate who you are. The correct processing basis here would be to process data to provide a service, not under legitimate interests.

If you were processing someone's data to, for example, ensure the safety of your network/detect unauthorised login attempts, then that would likely fall under legitimate interests, because it is processing that is not necessary to provide the underlying service, but is in the users' interests to ensure the protection of their personal data.


Regarding your first statement: It depends if you have a valid contract with the user and the data processing is sufficiently related to the performance of that contract.




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