Last year the European Data Protection Board commissioned me to write a report on legitimate interest as part of the series of One Stop Shop thematic digests and I'm delighted that this has now been published. The report surveys every publicly available OSS decision applying legitimate interest as a legal basis, finding a significant number of interesting decisions applying this concept in areas such as consumer credit, fraud prevention, and regulating user behaviour on online services. One aspect I found surprising was how legitimate interest can diverge between member states, creating what are effectively choice of law issues for supervisory authorities who must decide how far to take into account national law and social norms in different states.
The EDPB register of final OSS decisions is a valuable resource for research, teaching and practice, particularly for jurisdictions like Ireland which do not systematically publish decisions of the supervisory authorities, and I hope that the report will help to promote awareness of the register.
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