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Legitimate Interest Impact Assessment

Legitimate Interest Impact Assessment Template for Malaysia

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Key Requirements PROMPT example:

Legitimate Interest Impact Assessment

"I need a Legitimate Interest Impact Assessment for our Malaysian financial services company to assess our processing of customer financial data for fraud detection purposes, to be implemented by March 2025."

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Document background
The Legitimate Interest Impact Assessment (LIIA) is a crucial compliance document required when organizations in Malaysia seek to rely on legitimate interests as their lawful basis for processing personal data. This document becomes necessary when organizations need to demonstrate their compliance with the Personal Data Protection Act 2010 (PDPA) and related Malaysian data protection regulations. It helps organizations systematically evaluate whether their legitimate interests in processing personal data are valid, necessary, and appropriately balanced against the rights and freedoms of data subjects. The assessment must be completed before commencing any processing activities based on legitimate interests and should be regularly reviewed and updated to reflect changes in processing activities or risk levels. It serves as both a compliance tool and a record of the organization's decision-making process in choosing legitimate interests as their lawful basis for processing.
Suggested Sections

1. Document Control: Information about the document version, date, owner, and approval status

2. Purpose of Processing: Detailed description of what personal data processing is being assessed and why legitimate interest is being considered as the lawful basis

3. Data Processing Details: Specific information about what personal data is being processed, how it's collected, and how it will be used

4. Legitimate Interest Assessment: Analysis of why the processing is necessary and the specific legitimate interest being pursued

5. Necessity Test: Evaluation of whether the processing is necessary for the stated purpose and if there are less intrusive alternatives

6. Balancing Test: Assessment of the balance between the organization's interests and the rights of data subjects

7. Risk Assessment: Identification and evaluation of risks to individuals' rights and freedoms

8. Safeguards and Mitigating Measures: Description of measures implemented to protect individual rights and reduce identified risks

9. Compliance with PDPA Principles: Demonstration of how the processing complies with Malaysian PDPA principles

10. Conclusion and Decision: Final determination on whether legitimate interest is appropriate and can be relied upon

Optional Sections

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

2. Sector-Specific Considerations: Added when processing occurs in regulated sectors (e.g., financial services, healthcare)

3. Special Categories of Personal Data: Required when processing sensitive personal data requiring additional safeguards

4. Automated Decision-Making Assessment: Needed when the processing involves automated decision-making or profiling

5. Third-Party Processing Assessment: Required when third-party processors are involved in the data processing activities

Suggested Schedules

1. Data Flow Diagram: Visual representation of how personal data flows through the organization

2. Risk Assessment Matrix: Detailed matrix showing identified risks, their likelihood, impact, and mitigation measures

3. Stakeholder Consultation Records: Documentation of any consultations with stakeholders or data subjects

4. Technical and Organizational Measures: Detailed description of security measures and organizational controls implemented

5. Relevant Policies and Procedures: List and copies of relevant organizational policies that support the legitimate interest basis

6. Training and Awareness Materials: Documentation of staff training and awareness programs related to data protection

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
Personal Data
Processing
Data Subject
Data Controller
Data Processor
Legitimate Interest
Balancing Test
Necessity Test
Sensitive Personal Data
Data Protection Officer
Processing Purpose
Data Protection Measures
Risk Assessment
Safeguards
Consent
Data Transfer
Privacy Notice
Data Protection Impact Assessment
Personal Data Protection Principles
Security Standards
Data Breach
Regulatory Authority
Technical Measures
Organizational Measures
Compliance Framework
Data Minimization
Storage Limitation
Data Accuracy
Transparency Measures
Assessment Period
Relevant Industries

Financial Services

Healthcare

E-commerce

Technology

Telecommunications

Education

Insurance

Retail

Manufacturing

Professional Services

Human Resources

Real Estate

Transportation and Logistics

Hospitality

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Data Protection

Privacy

Information Technology

Corporate Governance

Internal Audit

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Manager

Legal Counsel

Risk Manager

Information Security Officer

Chief Privacy Officer

Compliance Director

Data Protection Specialist

Privacy Analyst

Information Governance Manager

Chief Information Security Officer

Legal Operations Manager

Regulatory Compliance Officer

Privacy Operations Manager

Industries
Personal Data Protection Act 2010 (PDPA): Malaysia's primary data protection legislation that regulates the processing of personal data in commercial transactions. It establishes seven data protection principles and requirements for data processing.
Personal Data Protection Regulations 2013: Supporting regulations to the PDPA that provide specific requirements for data protection, including security standards and registration procedures.
Standards of Personal Data Protection 2015: Guidelines issued by the Personal Data Protection Commissioner detailing specific standards for handling personal data and security measures.
Communications and Multimedia Act 1998: Relevant for data processing in the telecommunications and multimedia sectors, including provisions on data privacy and security in electronic communications.
Credit Reporting Agencies Act 2010: Important for legitimate interest assessments involving credit-related data processing and financial information handling.
Malaysian Personal Data Protection Commissioner's Guidelines and Directives: Various guidelines issued by the Commissioner that provide interpretation and practical guidance on implementing PDPA requirements, including legitimate interest considerations.
Bank Negara Malaysia Guidelines on Data Management and MIS Framework: Relevant for financial institutions when conducting legitimate interest assessments involving financial data processing.
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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