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New EFSAS Article: (Mis)shaping the Future of Security - Encryption Debate


It is generally accepted that legal measures, especially those that affect fundamental rights, must be compliant with the principle of proportionality. The exact manner in which the proportionality test is applied may differ somewhat across jurisdictions, however, the elements from which it is typically deduced are 1) legitimacy (the measure pursues a legitimate objective), 2) adequacy (the measure is suitable to achieving the objective) and 3) necessity (there is no other, less intrusive way of achieving the objective). If these criteria are all met, the costs and benefits of the law have to be balanced, and only if the benefits exceed the costs can the law be considered proportional.