[matthewmacleod]

“Reasonable person” tests are pretty common and well-understood in general. One of the reasons that the GDPR in particular avoids being overly prescriptive about how to meet its requirements is to avoid situations where it becomes inapplicable or obsolete due to changes in technology or habits.

[true_religion]

In the US, a reasonable person test is meaningless without a body of precedent setting cases.

If the language of a new law uses it with regards to a new technology, then no one can be sure what the courts will decide.

It may be different in the EU, as the legal system is quite different.