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What specific Legitimate Interest necessitates processing of personal data in this particular case? Taking care of the children? If there's a way that she can r
by lmkg 6y ago
What specific Legitimate Interest necessitates processing of personal data in this particular case? Taking care of the children? If there's a way that she can reasonably accomplish that without posting to Facebook, then it's not covered by Legitimate Interest.
- koheripbal 6y agoShe doesn't have to argue that the utility exists for some practical purpose like babysitting - she would only need to argue that the pictures were taken by her, and that she uses them personally to look at the images of her grandchildren for her own personal happiness (which has utility).
- lmkg 6y agoI admit the purpose does not have to be practical. But the principle of Data Minimization still applies. If she can personally enjoy the pictures without posting them to Facebook, then that purpose does not cover posting them to Facebook. It probably would cover cloud back-ups that don't share with other people. My overall point is that simply claiming "Legitimate Interest!" is not a free pass to do whatever you want.
- M2Ys4U 6y agoThe Legitimate Interests basis for processing personal data is a qualified one, though: >processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. So where there is any doubt one must test the idea that the data subject's rights outweigh one's legitimate interests.