Measuring proportionality
It is difficult to establish a balance between two incompatible measurements. Privacy is subjective, profit or public value can be measured objectively. How do you balance these two?
The GDPR outlines some sort of a minimum and a maximum effort you must make to protect the privacy of individuals. The minimum effort is called: state of the art. The state of the art is a fluid term, popular in patent law. It refers to the highest level of general development in each field, and it is known to people skilled in the craft, or skilled in the art. Simply put: while there might exist plenty of more advanced solutions to different topics, sorting under specialized developments, professionals in the field know what the best ...
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