Recital 29a (new)

1 would add wording.

1. 250 +Addition Julie Rechagneux +8ECR, PfE · ITRE–LIBE “Reliance on legitimate interest within the meaning of Article 6(1)(f) requires three cumulative conditions to be met: the pursuit by the controller…” numbered 29a

   (29a)Reliance on legitimate interest within the meaning of Article 6(1)(f) requires three cumulative conditions to be met: the pursuit by the controller or by a third party of an interest which is lawful, clearly and precisely articulated, and real and present rather than speculative; the necessity of the processing for that interest, which cannot reasonably be achieved by other means less intrusive for the data subject, including through the use of anonymised data; and the absence of an overriding of that interest by the interests or fundamental rights and freedoms of the data subject, having regard to the nature of the data, the context of the processing, its consequences, and the reasonable expectations of the data subject based on their relationship with the controller. Where those interests or rights would override the interest pursued, the controller may implement mitigating measures; where such measures are insufficient, the processing may not be based on that provision.

   Justification

   Codifies the three-condition test consistently applied by the Court and by the Board.

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay

   Group

   ECR, PfE

   Targets

   Digital Omnibus proposal Recital 29a (new)

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 169–170

   Printed header

   Recital 29 a (new)

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