How does “public interest” rarely apply to marketing?

Public task (GDPR Article 6(1)(e)) allows processing necessary for performing a task in the public interest or exercising official authority. This basis is designed for public bodies and organizations exercising governmental functions-tax authorities, healthcare providers, educational institutions performing official functions, and similar entities with public mandates. For commercial email marketing by private businesses, public interest is almost never applicable.

The basis requires that processing serves a genuine public interest or official function, typically grounded in law. A charity raising awareness about public health might argue public interest for certain communications, but commercial promotion of products doesn't qualify. The test isn't whether the public might benefit from learning about your products-that's your legitimate interest, not public interest. Public interest requires a basis in law or official function, not merely beneficial side effects of commercial activity.

Private sector marketers sometimes mistakenly consider public interest when their activities have public-benefit dimensions-educational content, health information, community programs. However, framing commercial communications as public interest communications to avoid consent requirements is inappropriate and unlikely to withstand regulatory scrutiny. If you're a private business sending marketing emails, consent or legitimate interests are your appropriate bases, not public interest. Public interest is for entities performing official public functions-commercial marketing, however beneficial, isn't a governmental mandate.