Transcription of Recommendations 02/2020 on the European Essential ...
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Recommendations 02/2020 on the European Essential ...
2 2 2 Recommendations 02/2020 on the European Essential Guarantees for surveillance measures Adopted on 10 November 2020 3 3 3 Table of contents 1. INTRODUCTION .. 4 2. INTERFERENCES WITH FUNDAMENTAL RIGHTS .. 6 3. THE European Essential GUARANTEES .. 8 Guarantee A - Processing should be based on clear, precise and accessible rules .. 8 Guarantee B - Necessity and proportionality with regard to the legitimate objectives pursued need to be demonstrated .. 10 Guarantee C - Independent oversight mechanism .. 12 Guarantee D - Effective remedies need to be available to the individual .. 13 4. FINAL REMARKS .. 15 4 The European Data Protection Board Having regard to Article 70 (1) (e) of the Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, (hereinafter GDPR ),1 Having regard to the EEA Agreement and in particular to Annex XI and Protocol 37 thereof, as amended by the Decision of the EEA joint Committee No 154/2018 of 6 July 20182, Having regard to Article 12 and Article 22 of its Rules of Procedure, Having regard to the Article 29
6. It is ultimately for the CJEU to judge whether interferences with a fundamental right can be justified. However, in absence of such a judgment and in application of the standing jurisprudence, data protection authorities are required to assess individual cases, either ex officio or following a complaint,
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