Balancing test
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The balancing test is a tool aimed at balancing the legitimate interests of the controller (or third parties) against the interests or fundamental rights and freedoms of the data subject. The outcome of the balancing test largely determines whether may be relied upon as a legal ground for processing. It is worth mentioning already at this stage that this is not a straightforward balancing test which would simply consist of weighing two easily quantifiable and easily comparable ‘weights’ against each other. Rather, carrying out the balancing test may require a complex assessment taking into account a number of factors.

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