GLUKHIN v. RUSSIA JUDGMENT
also implies that there are no less intrusive means available to achieve the purpose.
Possible alternatives such as – depending on the given purpose – additional staffing,
more frequent policing or additional street lighting have to be carefully identified and
assessed. Legislative measures should differentiate and target those persons covered by
it in the light of the objective, e.g. fighting serious crime. If it covers all persons in a
general manner without such differentiation, limitation or exception, it intensifies the
interference. It also intensifies the interference if the data processing covers a significant
part of the population.
52. The protection of personal data resulting from the explicit obligation laid down
in Article 8(1) of the Charter is especially important for the right to respect for private
life enshrined in Article 7 of the Charter. Legislation must lay down clear and precise
rules governing the scope and application of the measure in question and impose
safeguards so that the persons whose data have been processed have sufficient
guarantees to effectively protect their personal data against the risk of abuse and against
any unlawful access or use of that data. The need for such safeguards is all the greater
where personal data is subject to automatic processing and where there is a significant
risk of unlawful access to the data. Furthermore, internal or external, e.g. judicial,
authorisation of the deployment of FRT may also contribute as safeguards, and may
prove to be necessary in certain cases of severe interference.
53. The rules laid down have to be adapted to the specific situation, e.g. the quantity
of data processed, the nature of the data and the risk of unlawful access to the data. This
calls for rules which would serve, in particular, to govern the protection and security of
the data in question in a clear and strict manner in order to ensure their full integrity and
confidentiality.
54. With regard to the relationship between the controller and the processor it should
not be permitted for the processors to have regard only to economic considerations
when determining the level of security which they apply to personal data; this could
endanger a sufficient high level of protection.
55. An act of law has to lay down substantive and procedural conditions and objective
criteria by which to determine the limits of competent authorities’ access to data and
their subsequent use. For the purposes of prevention, detection or criminal prosecutions,
the offences concerned would have to be considered sufficiently serious to justify the
extent and seriousness of these interferences with the fundamental rights enshrined for
example in Articles 7 and 8 of the Charter.
56. The data has to be processed in a way that ensures the applicability and effect of
the EU data protection rules; in particular those provided by Article 8 of the Charter,
which states that the compliance with the requirements of protection and security shall
be subject to control by an independent authority. The geographical place where the
processing takes place may in such a situation be relevant.
57. With regard to the different steps of processing of personal data, a distinction
should be made between the categories of data on the basis of their possible usefulness
for the purposes of the objective pursued or according to the persons concerned. The
determination of the conditions of the processing, for example, the determination of the
retention period, must be based on objective criteria in order to ensure that the
interference is limited to what is strictly necessary.
58. Based on each situation, the assessment of necessity and proportionality has to
identify and consider all implications that fall within the scope of other fundamental
rights, such as human dignity under Article 1 of the Charter, freedom of thought,
conscience and religion under Article 10 of the Charter, freedom of expression under
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents