The controller's legitimate interests: Which of the following | AIGP
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The controller's legitimate interests: Which of the following is a recognized lawful basis under GDPR?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Legitimate interests, balanced against the data subject's rights, is a recognized GDPR lawful basis; availability, commercial value, and feasibility are not.

The question

Before training an AI model on customer personal data, a controller must identify a valid GDPR lawful basis for the processing. Which of the following is a recognized lawful basis under GDPR?

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  1. The ready availability of the data within a purchased third-party commercial dataset.
    Plausible but wrong: that data can be obtained is not a lawful basis; the controller still needs a valid Article 6 ground to process it.
  2. The controller's legitimate interests, weighed against the data subject's rights and freedoms. ✓
    Correct: legitimate interests, subject to a balancing test against the data subject's rights, is one of the six recognized GDPR lawful bases.
  3. The significant commercial value the trained model is expected to generate for the firm.
    Plausible but wrong: commercial value is a business motive, not a recognized lawful basis for processing personal data.
  4. The technical feasibility of extracting and then processing the personal data at very large scale.
    Plausible but wrong: technical feasibility says nothing about lawfulness; a valid Article 6 basis is still required.
The trap
Treating the ability to obtain data, or its business value, as if it were a lawful basis for processing.

How to remember it

Legitimate interests, balanced against the data subject's rights, is a recognized GDPR lawful basis; availability, commercial value, and feasibility are not.

How many of these would you get right?

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