Can "Legitimate Interest" justify using personal data to train AI models? 🤔That’s the central tension we explore in episode 35 of of Privacy Chats. What started as a follow-up to our global privacy law recap turned into a deep dive into how companies lean on legitimate interest to process personal data at scale. We explore how this legal basis stacks up against user's basic rights, what regulators like NOYB are pushing back on, and whether current rules strike the right balance in an AI-driven world.Approximate timestamps: 00:00 🎙️ Intro & Recap of Global Privacy Laws 01:30 🧠What Is “Legitimate Interest”? 04:10 ⚖️ GDPR’s Six Legal Bases Explained 10:25 🧪 ICO’s Three-Part Test (Purpose, Necessity, Balancing) 14:00 🚗 Rachel’s Car Analogy for Legal Basis 16:00 ❌ When Legitimate Interest Doesn’t Apply 19:45 📩 NOYB’s Cease & Desist to a Major Tech Company 23:10 🤖 AI Training, Consent & the “Right to Be Forgotten” 27:20 🕵️‍♂️ Is Legitimate Interest a Catch-All for Big Tech? 30:00 💡 Should There Be a New Legal Basis for AI Innovation? 33:15 🔄 The Privacy Paradox & Balancing Rights 35:45 📝 Disclaimer____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
While this video's content is based on our own thoughts and professional opinions, it was also made possible through the consultation of the following resources: 1. What counts as legitimate interest?: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/legitimate-interests/what-is-the-legitimate-interests-basis/#what_counts2. noyb sends 'cease and desist' letter over AI training. European Class Action as potential next step (14 May 2025): https://noyb.eu/en/noyb-sends-meta-cease-and-desist-letter-over-ai-training-european-class-action-potential-next-step
