THE LEGAL BASIS OF THE LEGITIMATE INTEREST IN THE GENERAL PERSONAL DATA PROTECTION LAW

• Autor(a) principal: Ribeiro, Adriano da Silva
• Data de Publicação: 2022
• Outros Autores: Fernandes, João Vitor Marques
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Meritum (Belo Horizonte. Online)
• Texto Completo: http://revista.fumec.br/index.php/meritum/article/view/9079

The objective of this scientific article the understanding of the legal basis that support a lawful treatment of personal data (art. 7 of the LGPD) is fundamental for the continuity of the economic and technological development of the market along with the rights and guarantees of individuals who use the services of the digital world. Among these legal basis, Legitimate Interest (art. 7, IX) stands out for the greater breadth and subjectivity of its content and as a possible “escape valve” to legitimize part of the data processing that encounter barriers in the search for valid consent amid the great informational vulnerability inherent in digital legal relations.  For the development of the article, the method used will be the deductive one, based on national and foreign theoretical and doctrinal research, in books and articles, in the examination of legal texts. Carrying out a systematic interpretation of the LGPD, and analyzing the reflections of national and European doctrine on the topic, it is concluded that the legitimate interest must correspond to a relevant, current, concrete, delimited objective, consistent with the activities of those seeking data processing, and that is supported by the national legal system. In addition, it is necessary to carry out the so-called Balancing Test, seeking to balance the rights and interests of the data subject.