European Data Protection Supervisor
European Data Protection Supervisor

Necessity & Proportionality

Necessity & Proportionality

Necessity is a fundamental principle when assessing the restriction of fundamental rights, such as the right to the protection of personal data. According to case-law, because of the role the processing of personal data entails for a series of fundamental rights, the limiting of the fundamental right to the protection of personal data must be strictly necessary.

Necessity shall be justified on the basis of objective evidence and is the first step before assessing the proportionality of the limitation.  Necessity is also fundamental when assessing the lawfulness of the processing of personal data. The processing operations, the categories of data processed and the duration the data are kept shall be necessary for the purpose of the processing.

 

Proportionality is a general principle of EU law. It restricts authorities in the exercise of their powers by requiring them to strike a balance between the means used and the intended aim. In the context of fundamental rights, such as the right to the protection of personal data, proportionality is key for any limitation on these rights.

More specifically, proportionality requires that advantages due to limiting the right are not outweighed by the disadvantages to exercise the right.  In other words, the limitation on the right must be justified. Safeguards accompanying a measure can support the justification of a measure.  A pre-condition is that the measure is adequate to achieve the envisaged objective. In addition, when assessing the processing of personal data, proportionality requires that only that personal data which is adequate and relevant for the purposes of the processing is collected and processed.

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Pages

09/09/2013
9
Sep
2013

Secretary General’s special files - EIB

Letter concerning the need to submit the EIB Secretary General’s special files for prior checking (Case 2013-0651)

18/07/2013
18
Jul
2013

Entry/Exit System (EES) and Registered Traveller Programme (RTP)

Opinion on the Proposals for a Regulation establishing an Entry/Exit System (EES) and a Regulation establishing a Registered Traveller Programme (RTP)

30/05/2013
30
May
2013

Transparency of measures regulating the prices of medicinal products

Opinion on the amended Commission proposal for a Directive on the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems

17/04/2013
17
Apr
2013

Use of data collected for a specific purpose to a different purpose - EIB

Answer to a consultation under Article 46(d) on the use of data collected for a specific purpose to a different purpose (Case 2013-0279)

27/03/2013
27
Mar
2013

Insolvency proceedings

Opinion on the Commission proposal for a Regulation amending Council Regulation (EC) No 1346/2000 on insolvency proceedings

24/04/2012
24
Apr
2012

Anti-Counterfeiting Trade Agreement (ACTA)

Opinion on the proposal for a Council Decision on the Conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America

27/10/2011
27
Oct
2011
04/10/2011
4
Oct
2011

Proportionality of the information collected by the European Commission when awarding funding to European projects

Letter concerning the proportionality of the information collected by the European Commission when awarding funding to projects carried out by national public bodies and/or private companies.

08/07/2011
8
Jul
2011
22/02/2010
22
Feb
2010

Anti-Counterfeiting Trade Agreement (ACTA)

Opinion on the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA)

16/12/2009
16
Dec
2009

Restrictive measures in respect of Somalia, Zimbabwe, the Democratic Republic of Korea and Guinea

Opinion on various legislative proposals imposing certain specific restrictive measures in respect of Somalia, Zimbabwe, the Democratic Republic of Korea and Guinea, OJ C 73, 23.03.2010, p.1

30/10/2009
30
Oct
2009

Combating fraud in the field of value added tax

Opinion on the proposal for a Council Regulation on administrative cooperation and combating fraud in the field of value added tax (recast), OJ C 66, 17.03.2010, p.1

08/10/2009
8
Oct
2009

Law enforcement access to EURODAC: EDPS expresses serious doubts about the legitimacy and necessity of proposed measures

Yesterday, the European Data Protection Supervisor (EDPS) adopted an opinion on two Commission proposals aiming at providing the basis for the right of law enforcement authorities to have access to EURODAC under specific conditions.

12/12/2008
12
Dec
2008
11/11/2008
11
Nov
2008

EU-US High Level Contact Group on information sharing

Opinion on the Final Report by the EU-US High Level Contact Group on information sharing and privacy and personal data protection, OJ C 128, 06.06.2009, p. 1

22/09/2008
22
Sep
2008

Transparency of debtors' assets

Opinion on the Commission Green paper on the effective enforcement of judgements in the European Union: the transparency of debtors' assets - COM(2008) 128 final, OJ C 20, 27.01.2009, p. 1

COM(2008) 128 final of 06.03.2008PDF icon
04/04/2007
4
Apr
2007

Cross-border cooperation (Prüm Treaty)

Opinion on the initiative of 15 Member States with a view to adopting a Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, OJ C 169, 21.07.2007, p. 2

Initiative published in OJ C 71, 28.03.2007, p. 35 PDF icon
15/05/2006
15
May
2006

Maintenance obligations

Opinion on the Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (COM (2005)649 final), OJ C 242, 7.10.2006, p. 20

19/12/2005
19
Dec
2005

Data protection in the third pillar

Opinion on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (COM (2005)475 final), OJ C 47, 25.02.2006, p. 27

26/09/2005
26
Sep
2005

Data retention

Opinion on the Proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC (COM (2005)438 final), OJ C 298, 29.11.2005, p. 1

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