under Article 56 (2), Article 57 or Article 100a of the Treaty
establishing the European Community; whereas the processing
of personal data that is necessary to safeguard the economic
well-being of the State does not fall within the scope of this
Directive where such processing relates to State security
matters.”
Article 3
“Scope
1. This Directive shall apply to the processing of personal data
wholly or partly by automatic means, and to the processing
otherwise than by automatic means of personal data which
form part of a filing system or are intended to form part of a
filing system.
2. This Directive shall not apply to the processing of personal
data:
- in the course of an activity which falls outside the scope of
Community law, such as those provided for by Titles V and VI
of the Treaty on European Union and in any case to processing
operations concerning public security, defence, State security
(including the economic well-being of the State when the
processing operation relates to State security matters) and the
activities of the State in areas of criminal law,
- by a natural person in the course of a purely personal or
household activity.”
iv)
The E Privacy Directive (“EPD”) 2002/58 EC
Recital 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 State when the activities relate to State security matters)
and the enforcement of criminal law. Consequently, this
Directive does not affect the ability of Member States to carry
out lawful interception of electronic communications, or take
other measures, if necessary for any of these purposes and in
accordance with the European Convention for the Protection of
Human Rights and Fundamental Freedoms, as interpreted by
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