22 CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT C. European Union 1. Charter of Fundamental Rights of the European Union 75. Articles 7, 8 and 11 of the Charter provide as follows: Article 7 – Respect for private and family life “Everyone has the right to respect for his or her private and family life, home and communications.” Article 8 – Protection of personal data “1. Everyone has the right to the protection of personal data concerning him or her. 2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which have been collected concerning him or her, and the right to have them rectified. 3. Compliance with these rules shall be subject to control by an independent authority.” Article 11 – Freedom of expression and information “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 2. The freedom and pluralism of the media shall be respected.” 2. EU directives relating to protection and processing of personal data 76. The Data Protection Directive (Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data), adopted on 24 October 1995, regulated for many years the protection and processing of personal data within the European Union. As the activities of member States regarding public safety, defence and State security fall outside the scope of Community law, the Directive did not apply to these activities (Article 3(2)). 77. The Privacy and Electronic Communications Directive (Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector), adopted on 12 July 2002, states, in recitals 2 and 11: “(2) This Directive seeks to respect the fundamental rights and observes the principles recognised in particular by the Charter of fundamental rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights set out in Articles 7 and 8 of that Charter. (11) Like Directive 95/46/EC, this Directive does not address issues of protection of fundamental rights and freedoms related to activities which are not governed by Community law. Therefore it does not alter the existing balance between the individual’s right to privacy and the possibility for Member States to take the measures referred to in Article 15(1) of this Directive, necessary for the protection of public security, defence, State security (including the economic well-being of the