focus would be to identify, discuss and analyze the material differences between the prescribed
legal grounds for processing in both of the legislations.
The First, Second, Third, Fourth and Fifth section of this paper dealt with the first, second,
third, fourth and fifth ground of the processing of Personal Data (i.e. Consent, Performance of
Contract, Legal Obligation, Vital Interests and Public Interests & Exercise of Official
Authority.) and now, the present and Sixth section of the paper would deal with the next ground
of processing for personal data (i.e. Legitimate Interests).
LEGITIMATE INTERESTS VIS-À-VIS REASONABLE PURPOSES
GDPR neither makes any express distinction nor points to any hierarchy existing between the
grounds of processing. However, Article 6(1)(f) introduces a ground of processing which is
apparently general in nature, as neither it is situation-specific nor the wording of the provision
is clear and unambiguous and it requires a complex balancing assessment to be made inter-se
the interests of controller/third-party and the data subjects. All in all, it is an open-ended and
flexible provision. According to the provision, the processing can be done which is necessary
for pursuing legitimate interests by the controller or the third-party provided such interests are
not overridden by the interests and fundamental rights of the data subject, especially when the
data subject is a child. The important elements and expressions of this provision are discussed
below:
i. The expression ‘Legitimate interests pursued’ by controller or ‘third-parties’ – The
word ‘interest’ means the benefit or any type of gain (such as personal, health,
safety, social or pecuniary interests), which a controller or the society would derive
after processing, and which urges or drives the controller to process the data. It is
different from the word ‘purpose’ which means the target or the objective of the
processing. For example, in the interests of safety of the controller and its
employees, the controller installs CCTV cameras inside the office for purposes of
monitoring entry and exit areas of the office. As per this provision, the legitimacy
of the interests has to be seen, not the purpose. Although, the purpose-limitation
requires the purpose to be legitimate too. The word ‘pursued’ requires the interest