The Legitimate Interest Impact Assessment (LIA) is a crucial compliance document required whenever an organization in Austria processes personal data based on legitimate interests under GDPR Article 6(1)(f). This document must be completed before commencing any processing activities that rely on legitimate interests as their legal basis. It provides a structured framework for evaluating whether the organization's interests are legitimate, necessary, and proportionate when weighed against the rights and freedoms of data subjects. The assessment must comply with both EU-wide GDPR requirements and specific Austrian data protection laws, including the Austrian Data Protection Act (DSG). Organizations should regularly review and update their LIAs to ensure continued compliance and effectiveness of protective measures.
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1. Purpose of the Assessment: Describes the scope and context of the legitimate interest assessment, including the processing activity being assessed
2. Data Controller Information: Details of the organization conducting the LIA, including contact information and role in data processing
3. Processing Activity Description: Detailed description of the data processing activity, including types of data, processing purposes, and technical methods
4. Legitimate Interest Identification: Clear articulation of the legitimate interest being pursued, whether it's the controller's or a third party's interest
5. Necessity Test: Assessment of whether the processing is necessary and proportionate to achieve the legitimate interest
6. Balancing Test: Analysis of the balance between the legitimate interest and the rights/freedoms of data subjects
7. Risk Assessment: Evaluation of potential risks to data subjects and their likelihood/severity
8. Safeguards and Mitigating Measures: Description of measures implemented to protect data subjects' rights and reduce risks
9. Conclusion and Decision: Final determination on whether the legitimate interest basis is appropriate and processing can proceed
1. Special Category Data Considerations: Additional assessment required when processing involves sensitive personal data
2. Cross-border Transfer Analysis: Required when the processing involves data transfers outside the EEA
3. Child Data Processing Assessment: Additional considerations when processing involves children's personal data
4. Employee Data Processing: Specific considerations for workplace monitoring or employee data processing
5. Automated Decision-Making Impact: Required when the processing involves automated decision-making or profiling
1. Data Flow Diagram: Visual representation of how personal data flows through the processing activity
2. Risk Assessment Matrix: Detailed risk scoring and evaluation matrix
3. Stakeholder Consultation Results: Documentation of any consultations with stakeholders or data subjects
4. Technical and Organizational Measures: Detailed description of security measures and safeguards implemented
5. Related Policies and Procedures: List and copies of relevant organizational policies that support the legitimate interest
6. Previous LIA Versions: Record of previous versions and updates to the assessment if applicable
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