Public Interest (Processing Basis)

Definition

A lawful basis for processing personal data under GDPR Article 6(1)(e), applicable when processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. This basis typically applies to public authorities and bodies performing public functions, though it can extend to private entities performing public tasks. The processing must be necessary for a specific task or function defined in law (EU or member state law), and that legal basis must meet the requirements of legal certainty, proportionality, and fundamental rights protection. Examples include processing for public health purposes, urban planning, taxation, law enforcement (within specific legal frameworks), census administration, or public benefit research. Organizations cannot self-determine that their activities serve the public interest—there must be a clear legal foundation. When relying on public interest, controllers must still apply data protection principles, respect data subject rights (subject to limited exemptions), and ensure processing is proportionate and necessary for the specified public task.

Applicable Laws & Regulations

  1. 1GDPR Article 6(1)(e) (Public interest basis)
  2. 2GDPR Article 6(3) (Legal basis specification)
  3. 3GDPR Recital 45 (Public interest definition)

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