Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/89622
Title: Bulk collection of communications data and the test of strict necessity and proportionality in the judgements of the CJEU   
Authors: Tabone, Tilden (2021)
Keywords: Court of Justice of the European Union
Data protection -- European Union countries
National security -- European Union countries
Proportionality in law -- European Union countries
Issue Date: 2021
Citation: Tabone, T. (2021). Bulk collection of communications data and the test of strict necessity and proportionality in the judgements of the CJEU (Bachelor’s dissertation).
Abstract: Striking a balance between the protection of the rights to privacy and protection of personal data and safeguarding national security and combat serious crime is a delicate task, one that the CJEU has been overseeing. An issue raised to the CJEU was if national authorities are allowed to obligate telecommunication service companies to retain communications data in a general and indiscriminate manner and give access to the national authorities in light of safeguarding national security and combating serious crime. The CJEU is in favour of the retention of data in cases where there is an imminent threat to national security but this has to be taken within a legislative measure, thus, limiting national authorities from using such measure for surveillance. In order to create a balanced legislative measure the CJEU has emphasized the use of the tests of proportionality and necessity established under Article 52 of the EU Charter throughout different case law. Article 52 allows for certain limitations to be imposed on Article 7 and 8 of the EU Charter as long as these limitations are set by law, conserve the essence of the right and with the objective of safeguarding national security, if strictly necessary, whilst following the principle of proportionality.
Description: LL.B.(Hons)(Melit.)
URI: https://www.um.edu.mt/library/oar/handle/123456789/89622
Appears in Collections:Dissertations - FacLaw - 2021

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