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ARTICLE · 01 MARCH 2026

Pre-Approved: ICO Publishes Guidance On "Recognised Legitimate Interests”

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The UK Information Commissioner has published guidance on a new lawful basis for processing personal data under the Data (Use and Access) Act 2025. This recognised legitimate interest basis allows controllers to rely on five pre-approved conditions without conducting traditional balancing tests, fundamentally shifting how organisations can justify data processing activities while maintaining compliance obligations.

United KingdomPrivacy
Emma Wright
Emma Wright
Clare Sellars
Clare Sellars
Grace Tang
Grace Tang

In March 2026, the UK Information Commissioner (ICO) published guidance on the new lawful basis for processing personal data introduced by the Data (Use and Access) Act 2025 (DUAA): the recognised legitimate interest (RLI) lawful basis. Controllers may now rely upon one of five pre-approved conditions, each focused on specific public-interest justifications, for personal data processing.

When relying on the pre-approved RLI bases to justify the processing of personal data, data controllers are not required to conduct a legitimate interests assessment, (LIA), the traditional three-part “balancing test” to determine whether the RLI is outweighed by a data subject’s rights, freedoms, or interests. However, controllers must still confirm whether what they want to do is necessary and comply with all other relevant provisions of the UK GDPR.

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