The concept of proportionality and the fundamental right to the protection of personal data in the European Union Ghent University
The protection of personal data – now a distinct fundamental right in the EU – has recently witnessed a more frequent recourse to ‘proportionality’. Proportionality constitutes a prime consideration to determine if and how much of an interference with a non-absolute human right can ever be legally allowed, or if and how the said right can ever be accommodated with a conflicting right. While proportionality in EU data protection law ...