fundamental rights to privacy and the protection of personal data Data retention constitutes a limitation of the right to private life and the protection of personal data which are fundamental rights [...] life and protection of their personal data. Consequently, the Court held, the lawmakers had exceeded the limits of proportionality, as 'limitations in relation to the protection of personal data must [...] htm 6 The Working Party on the Protection of Individuals with regard to the Processing of Personal Data was established pursuant to Article 29 of the Data Protection Directive (Directive 95/46/EC of
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European Union (TFEU). Compliance with personal data protection rules, with information of the data subject, data security, and the lawful processing of personal data, including of health and medical [...] data protection. 20 See the Opinion 2/2013 of the Article 29 Working Party of 27 February 2013 on apps on smart devices. 9 In the EU, the currently applicable Personal Data Protection Directive21 [...] effective control over their personal data: the Commission’s proposal for a General Data Protection Regulation22 will provide for further harmonisation of data protection rules in the EU, ensuring legal
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to the protection of personal data. The proposal is compatible with data protection principles and its provisions are in line with the Council Framework Decision 2008/977/JHA on the protection of personal [...] subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the [...] Article 29 Data Protection Working Party considered that the proposal was disproportionate and that it might violate the right to data protection. It called into question the data protection regime as Framework
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lit. a, b). ► Protection of personal data Member States must ensure the protection of personal data in compliance with the Council Framework Decision on the protection of personal data processed in [...] infringes the European fundamental right to data protection (Art. 8 Charter of Fundamental Rights). It further infringes the German basic right to privacy of personal data as it constitutes a random dragnet [...] infringes the fundamental right to data protection (Art. 8 Charter of Fundamental Rights), as the interference is disproportionate. Collecting and retaining the personal data of unsuspicious persons also infringes
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Respects The definition of non-personal “data” as data “other” than personal data, means that overlaps with the GDPR are sensibly avoided. The boundary between personal and non-personal data can however be difficult [...] to realise the free flow of non-personal data in the EU and thus create a competition-based European data economy (p. 4). – The Regulation supplements the rules on personal data (see on this cepStudy) [...] stores or processes such data for its “own needs” (Art. 2 (1) (b)). – Non-personal “data” means data “other” than “personal data” pursuant to the GDPR (Art. 3 No. 1 in conjunction with Art. 4 (1) GDPR)
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(4)). ► Data protection – The processing of personal data must comply with (Art. 3 (6) and Art. 8 (1); see cepStudy EU-Data Protection Law, p. 2 et seq.): - the General Data Protection Regulation [(EU) [...] principle of EU data protection law that the processing of personal data can only take place for legitimate and clearly specified purposes (“Specified Purposes Principle"; General Data Protection Regulation, [...] 2016/679; applies from 25 May 2018], - the Data Protection Directive for the Police and Judiciary [(EU) 2016/680; applies from 6 May 2018] and - the Data Protection Directive for Electronic Communication (E-Privacy
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86 See Contact tracing apps under EU personal data protection law (cepAdhoc) , p. 1 and p. 8. 87 Contact tracing apps under EU personal data protection law (cepAdhoc), p. 8. 88 See accordingly: [...] accordingly: Contact tracing apps under EU personal data protection law (cepAdhoc), p. 8. 89 See also Contact tracing apps under EU personal data protection law (cepAdhoc), p. 7. cepInput In Favour [...] consistent application of data protection rules in the EU and promotes coop- eration between the EU’s national data protection authorities; see European Data Protection Board (2020) “About EDPB”. 6
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create a single European data space for personal, non-personal, business and public data. Compliance with all relevant EU-legislation – including data protection rules – should create a trusted environment [...] of the Communication: The Commission wants to establish a single European data space for personal, non-personal, business and public data and boost the sharing, use and re-use of data in the EU. Affected [...] and analysis of market dominance. Data protection rules must be upheld. The application of competition law should not lead to an obligation to share personal data without the data subject having consented
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(in all sectors). The EU data protection framework prevents restrictions to the free movement of personal data on the grounds of privacy and personal data protection. Other legal and technical barriers [...] data would be contrary to future commercial application or data privacy and personal data protection, security and protection of EU classified information will be maintained. The analysis of the pilot [...] reliability and confidentiality, to ensure protection of personal data and intellectual property, and security – in terms of resilience and protection against intrusion. Existing public sector facilities
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obliged by the data protection regulatory framework16 to put in place security measures to protect personal data. Also, under the 2012 Commission proposal for a General Data Protection Regulation17, data [...] of the need to improve their protection, the ‘European Programme for Critical Infrastructure Protection (EPCIP)’18 sets out the overall ‘umbrella’ approach to the protection of critical infrastructures [...] actions can have a strong positive impact for the effective protection of fundamental rights, and specifically the right to the protection of personal data and privacy. Action at EU level would therefore improve
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