and the rules relating to the free movement of such data.
Compliance with these rules shall be subject to the control of
independent authorities.
. . .”
ii)
The Charter
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 has been collected concerning him or her, and the
right to have it rectified.
3.
Compliance with these rules shall be subject to control by an
independent authority.”
Article 51: Scope
iii)
“1.
The provisions of this Charter are addressed to the institutions and
bodies of the Union with due regard for the principle of subsidiarity
and to the Member States only when they are implementing Union
Law. They shall therefore respect the rights, observe the principles
and promote the application thereof in accordance with their
respective powers.
2.
This Charter does not establish any new power or task for the
Community or the Union, or modify powers and tasks defined by the
Treaties.”
The Data Protection Directive (“DPD”) 95/46 EC
Recital 13:
“Whereas the activities referred to in Titles V and VI of the
Treaty on European Union regarding public safety, defence,
State security or the activities of the State in the area of
criminal laws fall outside the scope of Community law, without
prejudice to the obligations incumbent upon Member States
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