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limitation is proportionate to that seriousness (judgment of 5 April 2022, Commissioner of An Garda
Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 53 and the case-law cited).
69
In order to satisfy the requirement of proportionality, the national legislation must lay down clear and
precise rules governing the scope and application of the measure in question and imposing minimum
safeguards, so that the persons whose personal data are affected have sufficient guarantees that those
data will be effectively protected against the risk of abuse. That legislation must be legally binding
under domestic law and, in particular, must indicate in what circumstances and under which conditions
a measure providing for the processing of such data may be adopted, thereby ensuring that the
interference is limited to what is strictly necessary. The need for such safeguards is all the greater where
personal data are subjected to automated processing, in particular where there is a significant risk of
unlawful access to those data. Those considerations apply especially where the protection of the
particular category of personal data that are sensitive data is at stake (judgment of 5 April 2022,
Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 54 and the
case-law cited).
70
Thus, national legislation requiring the retention of personal data must always meet objective criteria
that establish a connection between the data to be retained and the objective pursued (judgment of
5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258,
paragraph 55 and the case-law cited).
71
As regards the public interest objectives that may justify a measure taken pursuant to Article 15(1) of
Directive 2002/58, it is clear from the Court’s case-law, in particular the judgment of 6 October 2020,
La Quadrature du Net and Others (C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791), that, in
accordance with the principle of proportionality, there is a hierarchy amongst those objectives
according to their respective importance and that the importance of the objective pursued by such a
measure must be proportionate to the seriousness of the interference that it entails (judgment of 5 April
2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 56).
72
Thus, as regards safeguarding national security, the importance of which exceeds that of the other
objectives referred to in Article 15(1) of Directive 2002/58, the Court held that that provision, read in
the light of Articles 7, 8, 11 and Article 52(1) of the Charter, does not preclude legislative measures that
allow, for the purposes of safeguarding national security, recourse to an instruction requiring providers
of electronic communications services to retain, generally and indiscriminately, traffic and location data
in situations where the Member State concerned is confronted with a serious threat to national security
that is shown to be genuine and present or foreseeable, where the decision imposing such an instruction
is subject to effective review, either by a court or by an independent administrative body whose
decision is binding, the aim of that review being to verify that one of those situations exists and that the
conditions and safeguards which must be laid down are observed, and where that instruction may be
given only for a period that is limited in time to what is strictly necessary, but which may be extended if
that threat persists (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others,
C‑140/20, EU:C:2022:258, paragraph 58 and the case-law cited).
73
As regards the objective of preventing, investigating, detecting and prosecuting criminal offences, the
Court held that, in accordance with the principle of proportionality, only action to combat serious crime
and measures to prevent serious threats to public security are capable of justifying serious interference
with the fundamental rights enshrined in Articles 7 and 8 of the Charter, such as the interference
entailed by the retention of traffic and location data. Accordingly, only non-serious interference with
those fundamental rights may be justified by the objective of preventing, detecting and prosecuting
criminal offences in general (judgment of 5 April 2022, Commissioner of An Garda Síochána and
Others, C‑140/20, EU:C:2022:258, paragraph 59 and the case-law cited).
74
As regards the objective of combating serious crime, the Court held that national legislation providing,
for that purpose, for the general and indiscriminate retention of traffic and location data exceeds the
limits of what is strictly necessary and cannot be considered to be justified within a democratic society.
In view of the sensitive nature of the information that traffic and location data may provide, the
confidentiality of those data is essential for the right to privacy. Thus, and also taking into account, first,
the dissuasive effect on the exercise of the fundamental rights enshrined in Articles 7 and 11 of the
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