the rulings of the European Court of Human Rights. Such
measures must be appropriate, strictly proportionate to the
intended purpose and necessary within a democratic society
and should be subject to adequate safeguards in accordance
with the European Convention for the Protection of Human
Rights and Fundamental Freedoms.”
Article 1
“Scope and aim
1. This Directive harmonises the provisions of the Member
States required to ensure an equivalent level of protection of
fundamental rights and freedoms, and in particular the right to
privacy, with respect to the processing of personal data in the
electronic communication sector and to ensure the free
movement of such data and of electronic communication
equipment and services in the Community.
2. The provisions of this Directive particularise and
complement Directive 95/46/EC for the purposes mentioned in
paragraph 1. Moreover, they provide for protection of the
legitimate interests of subscribers who are legal persons.
3. This Directive shall not apply to activities which fall outside
the scope of the Treaty establishing the European Community,
such as those covered by Titles V and VI of the Treaty on
European Union, and in any case to activities concerning
public security, defence, State security (including the economic
well-being of the State when the activities relate to State
security matters) and the activities of the State in areas of
criminal law.”
Article 15
“Application of certain provisions of Directive 95/46/EC
1. Member States may adopt legislative measures to restrict
the scope of the rights and obligations provided for in
Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article
9 of this Directive when such restriction constitutes a
necessary, appropriate and proportionate measure within a
democratic society to safeguard national security (i.e. State
security), defence, public security, and the prevention,
investigation, detection and prosecution of criminal
offences or of unauthorised use of the electronic
communication system, as referred to in Article 13(1) of
Directive 95/46/EC. To this end, Member States may, inter
alia, adopt legislative measures providing for the retention
of data for a limited period justified on the grounds laid
down in this paragraph. All the measures referred to in this
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