The General Data Protection Regulation (GDPR) is well-known for protecting individuals’ personal data. But one lesser-known and often misunderstood principle is the “public interest” legal basis for data processing. Under GDPR, public interest isn’t a free pass to collect personal data—it’s a well-defined and justified legal ground for doing so when it serves the broader society.
In this article, we explore five of the best examples of GDPR data processing justified on grounds of public interest. From health crises to electoral rolls, these real-world cases demonstrate how governments, institutions, and even private companies have walked the fine line between privacy and public good—all while staying within the GDPR framework.
What Does “Public Interest” Mean Under GDPR?
The GDPR lists six lawful bases for processing personal data, one of which is:
“Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.” (Article 6(1)(e))
This public interest clause allows:
- Government bodies to collect and process data to perform duties like public safety, health protection, or taxation.
- Private entities, in some circumstances, to collaborate with public authorities when acting in the interest of societal welfare.
However, the bar is high: Public interest must be genuine, proportionate, and backed by either EU law or Member State law. It must also comply with the principles of necessity, transparency, proportionality, and purpose limitation.
Let’s dive into the five best real-world examples that illustrate GDPR’s public interest provisions in action.
1. COVID-19 Contact Tracing Apps: Protecting Health in a Pandemic
When the COVID-19 pandemic spread across Europe, governments faced the daunting task of controlling the virus without violating fundamental privacy rights. Enter contact tracing apps—tools that alerted people if they had been in proximity to someone who tested positive.
Why It Qualifies:
Contact tracing was a task in the public interest: reducing the spread of a deadly disease and protecting public health systems. Many EU countries, such as Germany (Corona-Warn-App) and Ireland (COVID Tracker App), relied on Article 6(1)(e) of GDPR to process limited user data.
GDPR Compliance in Action:
- Minimal data collection: Apps didn’t collect GPS data or personal identifiers.
- Voluntary use: Users could opt-in, and consent was informed.
- Data retention limits: Exposure data was deleted after a defined time (e.g., 14 days).
- Transparency: Open-source codebases helped build public trust.
Public Benefit:
Millions of users received timely exposure notifications, which helped reduce community spread and relieve pressure on healthcare systems—while ensuring users’ rights and freedoms were respected.
2. Voter Rolls and Electoral Databases: Safeguarding Democratic Processes
Elections are a cornerstone of democracy, and maintaining accurate voter rolls is essential. Across the EU, electoral commissions process voter data to manage participation, prevent fraud, and ensure fair elections.
Why It Qualifies:
Maintaining electoral integrity is a clear public interest task, typically mandated by national legislation. This includes:
- Validating voter eligibility.
- Preventing double voting.
- Enabling democratic participation.
GDPR Compliance in Action:
- Purpose limitation: Voter data is used strictly for electoral purposes.
- Transparency: Citizens are informed about what data is collected and why.
- Access rights: Voters can review, correct, or object to incorrect entries.
- Data security: Electoral data is often kept on isolated, secured systems to prevent unauthorized access.
Case Example:
In the UK (prior to Brexit), the Electoral Commission operated under the GDPR framework. Local councils were required to share basic voter data (name, address, electoral number) but could not use this data for marketing or unrelated profiling.
Public Benefit:
Accurate voter records helped ensure fair representation, reduce electoral fraud, and enable legitimate democratic participation—all within GDPR’s limits.
3. National Statistical Offices: Data for Policy, Not Profit
Statistical bodies like Eurostat, INE (Spain), or Destatis (Germany) regularly collect personal data to support public policy decisions. For instance, national censuses collect detailed information about households, employment, health, and education.
Why It Qualifies:
Collecting demographic and economic data is a government-mandated task in the public interest. It informs:
- Urban planning.
- Education funding.
- Healthcare infrastructure.
- Economic forecasting.
GDPR Compliance in Action:
- Pseudonymisation or anonymisation: Personal identifiers are removed or masked wherever possible.
- Legal mandate: National laws govern data collection and use.
- Purpose limitation: Data used exclusively for statistical purposes.
- Data minimisation: Only necessary questions are asked.
Case Example:
Germany’s 2022 census was conducted in full alignment with GDPR. Participation was mandatory by law, but personal data was securely stored, access-controlled, and later anonymised for long-term use.
Public Benefit:
Public services were tailored to real population needs, reducing waste, targeting assistance, and improving infrastructure—all based on data processed legally and responsibly.
4. Child Protection Services: Balancing Privacy with Safety
Social workers and child protection agencies process extremely sensitive personal data—medical records, school reports, family history—to protect minors from abuse or neglect.
Why It Qualifies:
Safeguarding vulnerable individuals, especially children, is a fundamental task in the public interest, often mandated by law and coordinated with schools, police, and healthcare providers.
GDPR Compliance in Action:
- Data sharing governed by law: Cross-agency sharing is legally permitted, but limited to essential information.
- Strict access controls: Only professionals directly involved in a case can access the child’s file.
- Data minimisation and proportionality: Agencies only collect data relevant to the protection task.
- Retention limits: Files are reviewed and deleted based on statutory timelines.
Case Example:
In Sweden, the Social Services Act allows municipalities to collect and process personal data about minors in child welfare investigations. These activities are explicitly authorized under GDPR Article 6(1)(e) and Article 9(2)(g) for sensitive data, when necessary for reasons of substantial public interest.
Public Benefit:
Children at risk are identified and supported promptly. Lives are saved, families are protected, and state support is targeted effectively—all while ensuring privacy is not arbitrarily violated.
5. Public Health Research and Disease Surveillance: Science for Society
Beyond pandemics, public health institutions continuously monitor data to detect disease outbreaks, track chronic illness trends, and improve healthcare systems.
Why It Qualifies:
Surveillance of infectious and chronic diseases is a legitimate public interest concern. It enables governments to:
- Predict and manage health threats.
- Allocate healthcare resources.
- Design effective interventions.
GDPR Compliance in Action:
- Legal basis and necessity: Public health agencies operate under national legislation aligned with GDPR.
- Scientific research safeguard (Article 89): Specific conditions allow data processing for research if safeguards like pseudonymisation are used.
- Ethics review: Research undergoes ethical approval to balance risks and benefits.
- Transparency and opt-out: Where possible, data subjects are informed and allowed to object.
Case Example:
In the Netherlands, the National Institute for Public Health and the Environment (RIVM) conducts long-term epidemiological studies using patient data (with appropriate safeguards) to track obesity, cancer, and lifestyle diseases.
Another example is ECDC (European Centre for Disease Prevention and Control), which operates cross-border surveillance using data shared by national authorities—legally and securely.
Public Benefit:
Epidemic outbreaks are detected early, public health policies are evidence-based, and vulnerable populations receive focused attention. These benefits are enabled by responsible data use under GDPR.
Key Takeaways from These Examples
Each of these five public interest cases shows that GDPR doesn’t stand in the way of important public functions—it enhances them through clear boundaries, rules, and safeguards.
Here’s what they all have in common:
| Principle | Real-World Implementation |
|---|---|
| Necessity | Only data essential to the public task is collected. |
| Proportionality | Scope and scale of processing are balanced with privacy risk. |
| Legal Basis | There’s a national or EU law underpinning the task. |
| Transparency | Citizens are informed about how their data is used. |
| Safeguards | Security, access control, and deletion rules are enforced. |
How Organizations Can Apply the Public Interest Clause
If your organization believes it may rely on the public interest clause of GDPR, here’s a checklist to follow:
- Ensure Legal Backing
- Public interest processing must be grounded in a national or EU legal obligation.
- Document Your Assessment
- Carry out a Legitimate Interests Assessment (LIA) if appropriate.
- Perform a Data Protection Impact Assessment (DPIA) if there’s a high risk.
- Implement Safeguards
- Use pseudonymisation, encryption, and limited retention periods.
- Establish access control and audit logging.
- Communicate with Data Subjects
- Be clear about why and how their data is being used.
- Provide contact details for a Data Protection Officer (DPO).
- Be Open to Scrutiny
- National data protection authorities may review or challenge your processing, so stay compliant and transparent.
Final Thoughts
GDPR is not just about protecting individual rights—it’s also about enabling responsible and necessary uses of data that serve society. The public interest legal basis plays a vital role in sectors like health, safety, democratic governance, and science.
These five examples—COVID-19 contact tracing, electoral systems, national statistics, child protection, and disease surveillance—demonstrate how public interest can be a powerful, lawful, and ethical justification for data processing. But they also highlight the importance of clear rules, limitations, and safeguards to protect individuals from misuse.