Can commercial interest be a legitimate interest? Summary VoetbalTV was a platform that streamed amateur Regarding the journalistic exception, the Court found football matches in the Netherlands. The platform used that VoeltbalTV could not use this exemption as the cameras placed around the fields to record matches. broadcasting of amateur football matches did not only The VoetbalTV platform offered the ability to watch serve a journalistic purpose. It did not have enough football clips, analyze matches, collect data, and news value for that, and the processing had the share it with others. Users could access highlights and character of unfiltered footage, rather than journalistic analytical tools created by the platform’s editorial content. team, including goals and opportunities. Regarding legitimate interest, the Court stated that To process this data, VoetbalTV relied on legitimate one cannot exclude commercial interest from being interest as per GDPR, Article 6(1)(f). a legitimate interest. Furthermore, VoetbalTV pursued the interests of involvement and fun of football fans, performing technical analysis and making it possible to The Dutch DPA decision watch matches remotely. The Dutch Data Protection Authority (AP) claimed that The District Court annulled the decision of the Dutch VoetbalTV had violated the privacy rights of individuals, DPA. The decision was appealed. as they could not base the processing on legitimate interest, and instead should have obtained consent Decision of the Council of State from all the people in the footage. The Dutch DPA fined The Data Protection Authority argued that a ”legitimate VoetbalTV 575.000 EUR. VoetbalTV then appealed the interest” is an interest that follows from the law. case to the District Court. Whereas VoetbalTV believed that a ”legitimate interest” Decision by the District Court is any interest that does not conflict with the law. Selected interesting cases – VoetbalTV argued that (1) the journalistic exception The decision of the Council of State applied and therefore the processing was not covered Netherlands by the GDPR and (2) commercial interest can be a The Council held that VoetbalTV’s interest were not legitimate interest and that they also pursued other solely commercial in nature. The DPA should have interests. taken into account the other interests that the platform presented during the case. Therefore, the appeal lodged by the DPA was unfounded and the judgement under appeal was upheld. Published: 27-07-2022, Journal number: ECLI:NL:RVS:2022:2173 Tags: 01 Legal basis and principles of processing 27