How do we run a legitimate interests assessment properly?

Conducting a proper LIA begins with precisely defining the legitimate interest. This must be specific, lawful, and real, not vague or speculative. Subsequently, the necessity test requires demonstrating that the processing is a targeted and proportionate means to achieve that interest, avoiding over-collection or processing. A common pitfall is confusing "necessary" with "convenient" or "desirable"; organisations must consider whether the same outcome could be achieved with less intrusive methods or without personal data. Documenting these considerations, including any alternatives explored and why they were rejected, is critical.

The balancing test is often the most complex part, requiring an objective evaluation of the potential impact on data subjects. Factors to consider include the nature of the data, the reasonable expectations of individuals regarding their data, the specific context of the processing, and the potential for harm or distress. Implementing robust safeguards, such as pseudonymisation, data minimisation, and clear opt-out mechanisms, can help tip the balance in favour of the legitimate interest. LIAs are not static; they should be reviewed periodically, especially when processing activities change or new risks to data subjects emerge, to ensure ongoing compliance.