Legitimate interest rule (SPDP Res. 2025-0041-R)

Legitimate interest rule

In forceSPDP Res. 2025-0041-R

Summary

Sets out how to weigh legitimate interest against people's rights, which is common when training models or preventing fraud with AI.

Controllers that rely on legitimate interest as a legal basis.

Fines of 0.1% to 0.7% (minor) and 0.7% to 1% (serious) of the prior fiscal year's turnover; for public officials, 1 to 20 basic salaries.

Official name: Resolución N.° SPDP-SPD-2025-0041-R, Normativa general para la aplicación del interés legítimo
Official reference: Resolución SPDP-SPD-2025-0041-R, 7 de noviembre de 2025, vigente desde su suscripción
Regulator: Personal Data Protection Superintendency (SPDP)
Official source: Check the sourceHow we verify sources

Obligations table
Obligation	Article or citation	Status	Date	Who it applies to	Verification
Document the balancing test when relying on legitimate interest	Res. SPDP-SPD-2025-0041-R	In force	November 7, 2025	Organizations that process data with AI on the basis of legitimate interest, for example to train models, prevent fraud or personalize marketing.	Verified in the official source on November 4, 2026

Res. SPDP-SPD-2025-0041-RIn force

Applies from November 7, 2025

When it relates: Organizations that process data with AI on the basis of legitimate interest, for example to train models, prevent fraud or personalize marketing.
What the rule provides: Apply the Superintendency's balancing methodology and document why the company's interest does not override people's rights.
Typical evidence: Signed legitimate interest analysis per processing activity
Related base documents: Legitimate Interest Assessment for AI
Supporting documents: AI Annex to the Record of Processing Activities
Verification: Verified in the official source on November 4, 2026Checked against the text published by the SPDP: art. 2 (mandatory for anyone relying on legitimate interest; private sector only) and annex with the methodology. In force since signature on Nov 7, 2025.