What is meant by Weighing of interests?
The term "Balancing of Interests" refers to a legal process embedded in the General Data Protection Regulation (GDPR). Balancing of interests involves weighing the legitimate interests of the controller or a third party against the interests or fundamental rights and freedoms of the data subject. This process is particularly relevant when personal data is processed without the explicit consent of the data subject, such as in the use of data for direct marketing.
Typical software functions in the area of "Balancing of Interests":
- Documentation of the Balancing Process: Support in systematically documenting the balancing process, including the rationale for the decision.
- Risk Assessment: Analysis of potential risks to the rights and freedoms of data subjects and possible measures to mitigate these risks.
- Template and Checklist Management: Provision of templates and checklists for standardized execution of the balancing of interests.
- Automated Balancing Tests: Tools for simulating and evaluating balancing scenarios to support decision-making.
- Compliance Check: Ensuring legal compliance through automated checks and validations of the balancing processes.
- Versioning and Traceability: Storing and versioning of balancing decisions for later review and audits.