The Legitimate Interest Impact Assessment (LIIA) is a mandatory compliance document for organizations operating in Belgium that wish to rely on legitimate interests as their legal basis for processing personal data. This document is required when organizations cannot rely on other legal bases such as consent or contractual necessity, and must demonstrate their processing is both necessary and balanced against individual rights. The LIIA must comply with both Belgian data protection law (Law of 30 July 2018) and the GDPR, requiring organizations to thoroughly document their assessment process, including necessity tests, balancing tests, and risk mitigation measures. It serves as evidence of compliance for regulatory authorities and helps organizations make informed decisions about data processing activities.
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1. 1. Processing Activity Description: Detailed description of the data processing activity being assessed, including types of data, processing purposes, and processing methods
2. 2. Legitimate Interest Identification: Clear articulation of the legitimate interest(s) being pursued, whether commercial, individual, or societal
3. 3. Necessity Test: Assessment of whether the processing is necessary and proportionate to achieve the identified legitimate interests, including consideration of alternative methods
4. 4. Data Subject Impact Assessment: Analysis of the impact on individuals whose data is being processed, including privacy risks and potential negative effects
5. 5. Balancing Test: Evaluation of whether the legitimate interests are overridden by the individuals' interests, rights, or freedoms
6. 6. Safeguards and Mitigation Measures: Description of measures implemented to protect individual rights and reduce risks
7. 7. Consultation Process: Documentation of any consultations with stakeholders, including DPO input and other relevant parties
8. 8. Conclusion and Decision: Final determination on whether the legitimate interest basis is appropriate and processing can proceed
1. International Transfer Assessment: Required when the processing involves transfer of personal data outside the EEA, analyzing compliance with Chapter V of GDPR
2. Vendor/Processor Assessment: Needed when third-party processors are involved in the processing activity
3. Special Category Data Considerations: Required when processing involves special category data under Article 9 GDPR
4. Children's Data Assessment: Required when processing involves personal data of children
5. Technical Architecture Review: Detailed analysis of technical systems and data flows when complex technical infrastructure is involved
1. Schedule 1: Data Flow Diagrams: Visual representations of how personal data flows through the organization for this processing activity
2. Schedule 2: Risk Assessment Matrix: Detailed risk scoring and evaluation matrix
3. Schedule 3: Technical and Organizational Measures: Detailed description of security measures and safeguards implemented
4. Appendix A: Relevant Policies and Procedures: References to internal policies and procedures relevant to the processing activity
5. Appendix B: Stakeholder Consultation Records: Documentation of consultations with stakeholders, including meeting minutes and feedback
6. Appendix C: Supporting Documentation: Any additional documentation supporting the legitimate interest assessment, such as market research, industry standards, or regulatory guidance
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