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Introduction
Navigating legitimate interest assessments now demands sharper judgment and closer attention from decision makers.
The new UK landscape
The Data (Use and Access) Act 2025 reshapes how UK GDPR works in practice. Importantly, it amends lawful bases, subject access, cookies, and automated decision making rules. Crucially, it introduces a new concept: recognised legitimate interests in Article 6(1)(ea) UK GDPR. These reforms began taking effect in early 2026, so action can no longer wait.
From classic LIA to recognised interests
Traditionally, controllers had to run a full Legitimate Interest Assessment for each activity. This meant identifying the interest, testing necessity, and balancing individual rights and freedoms. Now, recognised legitimate interests list predefined activities treated as inherently acceptable. When your use fits that list, you may avoid a full LIA, though safeguards still apply.
What recognised legitimate interests cover
The Act provides an open, non‑exhaustive list of recognised legitimate interests. ICO draft guidance highlights conditions like emergencies, crime, and safeguarding. It also covers public task disclosures and national or public security situations. In these cases, the law presumes your interest is legitimate, subject to necessity tests.
Ongoing role of traditional LIAs
Outside recognised categories, the classic three‑part LIA remains essential. You must still document why legitimate interests beat consent and other bases. You must also show why processing is necessary and proportionate for your aims. Finally, you must explain how you mitigate risk to individuals’ rights and freedoms.
Changes to data access expectations
The Act recalibrates Subject Access Request handling under UK GDPR. Controllers may now rely on “reasonable and proportionate” searches for requests. This aligns the law with established ICO expectations and existing practice. Yet, organisations still need robust search processes and clear refusal criteria.
Strategic implications for leaders
First, decision makers should map processing against recognised legitimate interests lists. Then, they should identify remaining activities still needing full LIAs. Next, they should update RoPA entries, privacy notices, and internal playbooks accordingly. Finally, they should enhance governance for riskier profiling and automation uses.
Practical steps in Navigating legitimate interest assessments
Begin by creating a central register for both recognised and traditional LI uses. Then, design short, standardised LIA templates for high‑volume activities. Afterward, embed LIA checkpoints into change, product, and procurement workflows. Finally, ensure board‑level reporting tracks trends in objections and complaints.
Balancing opportunity and accountability
These reforms reduce friction for socially useful and security‑driven processing. However, they also heighten scrutiny on fairness, transparency, and rights handling. Therefore, successful organisations Navigating legitimate interest assessments will treat LIAs as strategic risk tools, not paperwork. In doing so, they can harness data confidently while sustaining stakeholder trust. Need help click here for a free consultation call