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Legitimate Interest Impact Assessment

Legitimate Interest Impact Assessment Template for Philippines

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Key Requirements PROMPT example:

Legitimate Interest Impact Assessment

"Need to create a Legitimate Interest Impact Assessment for our new customer loyalty program launching in March 2025, focusing on processing customer transaction data and purchase history for personalized marketing in our Manila-based retail chain, ensuring compliance with Philippine Data Privacy Act requirements."

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Document background
The Legitimate Interest Impact Assessment (LIIA) is a mandatory document for organizations operating in the Philippines that process personal data based on legitimate interests as their lawful basis. This assessment is required under the Data Privacy Act of 2012 and its Implementing Rules and Regulations, supervised by the National Privacy Commission. The document must be completed before initiating any processing activities that rely on legitimate interests and should be regularly reviewed and updated. It serves as both a compliance tool and a risk assessment mechanism, helping organizations demonstrate accountability and transparency in their data processing activities. The LIIA includes detailed evaluations of processing purposes, necessity tests, balancing tests, and risk mitigation measures, making it essential for organizations to justify their data processing activities while ensuring adequate protection of data subjects' rights.
Suggested Sections

1. Purpose of Assessment: Describes the scope and purpose of the LIIA, including the specific processing activity being assessed

2. Details of Processing Activity: Comprehensive description of the personal data processing activity, including types of data, purposes, and processing methods

3. Legitimate Interest Identification: Clear articulation of the legitimate interest(s) being pursued and who benefits from the processing

4. Necessity Test: Analysis of whether the processing is necessary and proportionate to achieve the identified legitimate interests

5. Impact Assessment: Evaluation of potential impacts on data subjects' rights and freedoms

6. Balancing Test: Assessment of whether the legitimate interests are overridden by the data subjects' interests, rights, or freedoms

7. Safeguards and Mitigating Measures: Description of measures implemented to protect data subjects' rights and reduce risks

8. Transparency Measures: Documentation of how data subjects will be informed about the processing

9. Review and Monitoring: Procedures for regular review and updates of the assessment

10. Conclusion: Final determination on whether processing can proceed based on legitimate interests

Optional Sections

1. International Transfer Assessment: Required when processing involves transfer of data outside the Philippines

2. Special Category Data Analysis: Required when processing involves sensitive personal information

3. Automated Decision-Making Impact: Required when processing involves automated decision-making or profiling

4. Third-Party Processing Assessment: Required when third-party processors are involved in the processing activity

5. Historical Data Processing Review: Required when assessment involves ongoing processing activities that started before the assessment

6. Stakeholder Consultation Results: Required when consultation with stakeholders or data subjects has been conducted

Suggested Schedules

1. Appendix A - Data Flow Diagram: Visual representation of how personal data flows through the organization for this processing activity

2. Appendix B - Risk Assessment Matrix: Detailed analysis of identified risks and their mitigation measures

3. Appendix C - Compliance Checklist: Checklist demonstrating compliance with relevant sections of the Data Privacy Act and other applicable regulations

4. Appendix D - Supporting Documentation: Relevant policies, procedures, and technical documentation referenced in the assessment

5. Appendix E - Consultation Records: Records of any consultations with stakeholders, including the DPO, legal counsel, or data subjects

6. Appendix F - Review Schedule: Timeline and criteria for periodic reviews of the assessment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Legitimate Interest
Personal Data
Processing
Data Subject
Personal Information Controller
Personal Information Processor
Sensitive Personal Information
Data Protection Officer
Privacy Impact Assessment
Balancing Test
Necessity Test
Processing Purpose
Data Protection Measures
Reasonable Expectations
Risk Assessment
Safeguards
Mitigation Measures
Data Subject Rights
Consent
Data Processing System
Privacy Notice
Third Party
Data Transfer
Data Breach
Special Category Data
Automated Decision Making
Profiling
Data Minimization
Processing Activity
Substantial Public Interest
Data Protection Principles
Privacy Framework
Cross-border Transfer
Data Retention
Data Security
Transparency Measures
Accountability Measures
Regulatory Authority
Compliance Documentation
Impact Level
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

Education

Retail

Insurance

Manufacturing

Professional Services

Government

E-commerce

Human Resources

Real Estate

Transportation

Hospitality

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Data Protection

Privacy

Information Technology

Business Operations

Internal Audit

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Manager

Legal Counsel

Risk Assessment Officer

Information Security Manager

Privacy Analyst

Compliance Analyst

Business Process Manager

Chief Privacy Officer

Chief Compliance Officer

Chief Legal Officer

Privacy Impact Assessment Specialist

Data Protection Specialist

Information Governance Manager

Industries
Republic Act No. 10173 (Data Privacy Act of 2012): The primary data protection legislation in the Philippines that establishes the framework for protecting personal information and sets out the rights of data subjects and obligations of personal information controllers and processors
Implementing Rules and Regulations of the Data Privacy Act of 2012: Detailed regulations that implement the Data Privacy Act, providing specific guidelines on compliance, including legitimate interest as a lawful basis for processing
NPC Circular No. 16-01: Guidelines for data protection officers, their functions and responsibilities in ensuring compliance with the Data Privacy Act
NPC Circular No. 2020-03: Guidelines on personal data breach notification, relevant for assessing risks in legitimate interest processing
1987 Philippine Constitution, Article III, Section 3: Constitutional right to privacy of communication and correspondence, which forms the fundamental basis for privacy rights in the Philippines
NPC Advisory No. 2020-03: Guidelines on privacy impact assessments, which are relevant for conducting legitimate interest assessments
NPC Circular No. 17-01: Rules on the registration of data processing systems and notifications regarding automated decision-making
BSP Circular No. 982: Information security guidelines for financial institutions, relevant when legitimate interest processing involves financial data
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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