The Legal Framework of Legitimate Interests: A Comparative Analysis

This research paper conducts a comparative analysis of the "legitimate interests" basis for personal data processing under the General Data Protection Regulation (GDPR) and the Saudi Personal Data Protection Law (PDPL). The study aims to explore how each regulatory framework defines and regulates the use of legitimate interests, focusing on the balancing test required to ensure that data subjects' rights are respected. The research methodology involves doctrinal analysis of primary legislation and a comparative approach to identify differences in procedural requirements and safeguards. The analysis reveals that while both the GDPR and the PDPL permit the use of legitimate interests, the GDPR offers a more flexible approach with a detailed balancing test, whereas the PDPL imposes stricter limitations, particularly concerning sensitive data. Key judicial precedents are examined to illustrate the application of legitimate interests in various contexts, emphasizing the importance of proportionality, transparency, and accountability. The paper concludes by suggesting best practices for data controllers in both jurisdictions and advocating for greater harmonization and procedural guidance to ensure consistency and compliance. The findings underscore the need to balance organizational interests with individual privacy rights, especially in light of increasing digital data usage, to foster trust and ensure ethical data processing. KEYWORDS Balancing test, data protection, GDPR, PDPL, personal data, privacy rights

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Publication Details

Journal
Scientific Journal of King Faisal University Humanities and Management Sciences
Published
2025-08-18
DOI
https://doi.org/10.37575/h/law/250030
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Legal Framework of Legitimate Interests: A Comparative Analysis

Ahmed M. Bamashmoos
Scientific Journal of King Faisal University Humanities and Management Sciences
International Arbitration and Investment Law
article

The Legal Framework of Legitimate Interests: A Comparative Analysis

Ahmed M. Bamashmoos
article en

Abstract

This research paper conducts a comparative analysis of the "legitimate interests" basis for personal data processing under the General Data Protection Regulation (GDPR) and the Saudi Personal Data Protection Law (PDPL). The study aims to explore how each regulatory framework defines and regulates the use of legitimate interests, focusing on the balancing test required to ensure that data subjects' rights are respected. The research methodology involves doctrinal analysis of primary legislation and a comparative approach to identify differences in procedural requirements and safeguards. The analysis reveals that while both the GDPR and the PDPL permit the use of legitimate interests, the GDPR offers a more flexible approach with a detailed balancing test, whereas the PDPL imposes stricter limitations, particularly concerning sensitive data. Key judicial precedents are examined to illustrate the application of legitimate interests in various contexts, emphasizing the importance of proportionality, transparency, and accountability. The paper concludes by suggesting best practices for data controllers in both jurisdictions and advocating for greater harmonization and procedural guidance to ensure consistency and compliance. The findings underscore the need to balance organizational interests with individual privacy rights, especially in light of increasing digital data usage, to foster trust and ensure ethical data processing. KEYWORDS Balancing test, data protection, GDPR, PDPL, personal data, privacy rights

Scientific Journal of King Faisal University Humanities and Management Sciences
Saudi Electronic University (SA), King Faisal University (SA)
Openalex Percentile: Top 67%
International Arbitration and Investment Law
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The Legal Framework of Legitimate Interests: A Comparative Analysis — Ahmed M. Bamashmoos · Scientific Journal of King Faisal University Humanities and Management Sciences (2025) | TGRS Research Map | TGRS