Hugh McCarthy, Associate, Technology and Innovation, has contributed to a three-part series on the GDPR for Data Protection Ireland.
The General Data Protection Regulation (‘GDPR’) states that the processing of personal data should be designed to serve mankind. It follows then, that data protection is not an absolute right but rather — as the GDPR also states — one that “must be considered in relation to its function in society and be balanced against other fundamental rights”. This exercise is to be undertaken “in accordance with the principle of proportionality”, which necessitates a balancing of the competing rights.
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