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Understanding the Balancing Act Behind The Legitimate Interest Of The Controller Ground: A Pragmatic Approach

The legitimate interest of the controller has been one of the least discussed legal grounds for lawful processing, with a few exceptions, mainly the opinion of the Article 29 Data Protection Working Party, despite its significance as equally binding ground for processing.

This contribution analyses the concept of legitimate interest of the controller of art. 6 (f) GDPR in relation to art. 7 (f) of the Data Protection Directive 95/46/EC and the interpretations of the concept by the Court of Justice of the EU and the Article 29 Data Protection Working Party.