Data Protection · glossary

Balancing test

The second step of legitimate interests: the person’s own interests and rights must not outweigh the use. A recognised legitimate interest needs no balancing test, because the law has already judged those uses worth it. Chapter 3 · see Legitimate interests, Recognised legitimate interest

Explained in Chapter 3, Lawful Bases and Recognised Legitimate Interests, of Data Protection.

How it comes up, in Chapter 3
Legitimate interests is the widest basis. The use must be necessary for a real interest of the controller or of others. Then it must pass the balancing test: the person’s own interests and rights must not outweigh it.
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Where this term lives

This term is part of one fictional software supplier's year, with every document attached and a test after every chapter. Open Data Protection → · All terms A–Z →