EDPS to publish Guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data

The EDPS has said that he intends to issue Guidelines for assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data.

The Guidelines complement the EDPS Necessity Toolkit and specify, having regard to the fundamental right to the protection of personal data enshrined under Article 8 of the Charter of Fundamental Rights of the EU, the more wide-ranging guidance by the European Commission and the Council to check the compatibility of legislative measures with the Charter.

Through this exercise, the EDPS aims at assisting EU institutions and bodies in the task of ensuring that any limitation of the fundamental right to the protection of personal data is compliant with the requirements of EU primary law.

Before issuing the Guidelines in their final version, the EDPS is launching a stakeholders’ consultation on the draft version of the Guidelines. The deadline for responses is 4 April 2019. To read the EDPS’s press release in full and for a link to the consultation, click here.