CISSP Security and Risk Management Practice Question
Which TWO of the following are lawful bases for processing personal data under the GDPR? (Select two)
⚠ Common exam trap
The trap is assuming any business rationale (like profit) or personal attribute (like nationality) can be a lawful basis; GDPR requires one of six specific bases, and candidates often overlook that legitimate interests must be balanced and documented.
Answer choices
Why each option matters
Answer the question above first, then reveal the full breakdown to understand why each option is right or wrong.
Correct answer & explanation
✓
Consent of the data subject
Option C (Consent of the data subject) is correct because Article 6(1)(a) of the GDPR expressly lists the data subject's consent as a lawful basis for processing personal data, provided it is freely given, specific, informed, and unambiguous. Option D (Legitimate interests of the controller) is correct because Article 6(1)(f) recognizes the legitimate interests pursued by the controller or a third party as a lawful basis, subject to a balancing test against the data subject's rights and freedoms. Options A (employment status) and B (nationality) are not lawful bases; they are merely categories of personal data, and nationality can even constitute special category data under Article 9. Option E (profit maximization) is not a lawful basis; it is a business objective that must still be grounded in one of the Article 6(1) legal grounds, such as legitimate interests, to be lawful.
Answer analysis
Option-by-option breakdown
For each option: why learners choose it and why it is or isn't the right answer here.
- ✗
Data subject's employment status
Why it's wrong here
Employment status is a type of personal data, not a justification for processing it. While processing employment status data might be necessary for a contract (e.g., payroll) or legal obligation (e.g., tax reporting), the status itself does not grant the legal right to process. A lawful basis, such as a contract or legal obligation, must exist in conjunction with the data.
- ✗
Data subject's nationality
Why it's wrong here
Similar to employment status, nationality is an attribute of the data subject, categorizing the data rather than providing a legal ground for its processing. Processing nationality data might be required for immigration purposes or to fulfill specific legal requirements, but the underlying lawful basis would be a legal obligation or public interest, not the nationality itself. It is a data point, not a legal justification.
- ✓
Consent of the data subject
Why this is correct
Consent is a fundamental lawful basis where the data subject explicitly and unambiguously agrees to the processing of their personal data for a specific purpose. For consent to be valid, it must be freely given, specific, informed, and an unambiguous indication of the data subject's wishes, often requiring a clear affirmative action. This places control directly with the individual.
- ✓
Legitimate interests of the controller
Why this is correct
Processing based on legitimate interests allows controllers to process personal data when it is necessary for their legitimate interests or those of a third party, provided these interests are not overridden by the data subject's fundamental rights and freedoms. This requires a careful balancing test, weighing the controller's interest against the potential impact on the individual and implementing appropriate safeguards. It is a flexible but carefully constrained basis.
- ✗
Profit maximization
Why it's wrong here
Profit maximization is a business objective, not a lawful basis for processing personal data. While a business may process data to achieve profitability, this processing must still be grounded in one of the recognized lawful bases, such as consent, contract, or legitimate interests. The pursuit of profit alone does not grant a legal right to process personal data without an underlying, explicit legal justification.
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Written and reviewed by Johnson Ajibi, MSc IT Security
Senior Network & Security Engineer · founder of Courseiva
Last reviewed September 2026 · checked against the official ISC2 exam blueprint
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