ABSTRACT
This chapter addresses the origin and nature of the balance in relation to the appeal to override data subjects' fundamental rights and freedoms in the 'public interest', and shows how this has been accepted in Member States' laws. It discusses the difficulties in making the appeal to override the data protection rights of individual data subjects in the public interest, especially in relation to medical research. The chapter concludes that the difficulties in making the appeal can be overcome by basing it within the framework of rights arising from the necessary requirements of human rights rather than by making an appeal outside framework of human rights. If trust in the treatment of personal data is to be maintained, then individuals must feel that their rights are treated with respect. Treating individuals with respect by showing that their rights are balanced against the suffering of other single individuals will maintain and strengthen that trust.
