Charter of Fundamental Rights

The EDPS Annual Report 2024 is about acting for the future of data protection, preparing for the diverse possibilities and risks that the digital landscape presents. 

Guided by our 2020 - 2024 strategy and its principles: Foresight, Action and Solidarity, the EDPS has: unveiled and taken steps to start executing its Strategy for AI,  monitored and analysed technologies, including AI- led technologies, advised EU-co legislator on upcoming EU regulations directly impacting people’s privacy and data protection, providing tools to EUIs to ensure their compliance with EU data protection laws, influence the development of data protection globally. 

This background paper explores the requirement of respecting the ‘essence’ of the rights to respect for private life and of right to the protection of personal data whenever these rights are limited under European Union (EU) law.

The requirement is explicitly established in Article 52(1) of the Charter of Fundamental Rights of the EU, and currently also mentioned in EU secondary law. With the aim of facilitating further reflection and discussion on the requirement’s application notably when limitations of the right to personal data protection are at stake, the paper reviews current knowledge on the subject and illustrates the significant limitations of existing knowledge.

Taking stock of the relevant literature and case law, mainly of the Court of Justice of the EU and of the European Court of Human Rights (ECHR), it also identifies a few key issues deserving further analysis and discussion. The paper concludes by suggesting it can be useful to focus not on speculating about what would be the essence of the rights at stake, but rather on when must a limitation of a right be regarded as a breach of the essence requirement.

EDPS Opinion on the Recommendation for a Council Decision authorising the opening of negotiations on behalf of the European Union for a Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law

The EDPS Annual Report 2021 provides an overview of the EDPS’ supervisory activities that contribute to shaping Europe’s digital future. In particular, the Annual Report 2021 includes the EDPS’ work on international transfers of personal data; on COVID-19; on the Area of Freedom, Security and Justice; as well as the EDPS' legislative consultations and technology monitoring activities, to name a few examples.

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