Datenschutzabwägung

Datenschutzabwägung refers to the balancing of interests required by data protection law, particularly under the GDPR (General Data Protection Regulation). It is a crucial step in determining the lawfulness of processing personal data when no explicit consent is given or when other legal bases, such as contract fulfillment, are not applicable. The core principle is to weigh the legitimate interests of the data controller against the fundamental rights and freedoms of the data subject.

This balancing act involves assessing whether the data controller has a compelling interest in processing the data that is not overridden by the potential risks and impact on the individual. Factors considered include the nature, scope, context, and purposes of the processing, as well as the likelihood and severity of any harm to the data subject. For instance, processing data for fraud prevention might be considered a legitimate interest, but it must be balanced against the privacy expectations of individuals. If the processing is highly intrusive or poses a significant risk of harm, even a strong legitimate interest may not justify it. The outcome of a Datenschutzabwägung can determine whether processing is lawful, requires additional safeguards, or is prohibited altogether. It is a dynamic process that must be documented by the data controller.