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Legitimate Interests - Balancing Test

Introduction

Where you rely on the legitimate interests legal gateway to allow you to handle (process) personal data, e.g. about a tenant you have to specify in your privacy notice what these legitimate interest are. They can be your own interests or those of a third party, e.g. a utility company. Your interests can include running your own business and managing tenancies and properties. There may be others.

The next requirement is that the legitimate interests of you as Landlord/Data Controller or a third party must be balanced to ensure that they are not outweighed by the interests/rights/freedoms of the data subject (this is the individual to whom the information relates). This is a three part exercise -

In reality if the information is something that the tenant etc., would expect you to handle/process or share that the test is likely to be satisfied.

Necessity to process

If the processing is not necessary then legitimate interests cannot be relied upon in any event. In particular, you have to consider whether or not there is another way of working without using the data. These include looking at the nature of the interests, and the impact of processing the data subject.

Balancing test - factors to consider - tenants, residents and guarantors

When carrying out the balancing test there are various factors to consider.

You have to ask if there are any safeguards which could be put in place (including an opt out).

To start with there is more likely to be a legitimate interest where there is a relationship between you as data controller and the data subject. This will apply when dealing with tenants, prospective tenants or guarantors.

The nature of the interests include -

When it comes to the impact of processing this includes -

Safeguards include -

Questions to ask

Questions to be asked under the balancing test:

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