Well I guess the theory is that you could go to court, and the court would be reasonable and say "this 1 second look does not fulfill the requirement, you need

Well I guess the theory is that you could go to court, and the court would be reasonable and say "this 1 second look does not fulfill the requirement, you need to actually use human judgement and see what was going on there". Lots of discussions regarding FAANG malicious compliance have shown this is how high courts work in EU. When there is political will. But if you're a nobody, and can't afford to go to court against Deutsche Bank for example, of course you're SOL. EU has some good parts, but it's still a human government. It's especially problematic since a good chunk of those "flagged" are actually doing something nefarious, and both courts and government will consider that "mostly works" is a good outcome. One or ten unlucky citizens are just the way the world works, as long as it's not someone with money or power or fame.