Council of the EU: Legal service opinion: "a real risk of litigation" over privacy and data protection infringements (8850/11)

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OPINION OF THE LEGAL SERVICE: Proposal for a Directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (6007/11) – Compatibility with the right to privacy and the right to the protection of personal data (Council doc. 8850/11, LIMITE, 12 April 2011, pdf):

"In conclusion, the opinion of the Legal Service is that the limitations which the directive, as proposed, places on the right to respect for private life and the right to protection of personal data mean that it would be exposed to a real risk of litigation with regard to the requirements of necessity and proportionality under Articles 7, 8 and 52 of the Charter and the general principles of EU law, particularly if the rationale for these restrictions is not reinforced."

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