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CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
C. European Union
1. Charter of Fundamental Rights of the European Union
75. Articles 7, 8 and 11 of the Charter provide as follows:
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 have been collected concerning him or
her, and the right to have them rectified.
3. Compliance with these rules shall be subject to control by an independent authority.”
Article 11 – Freedom of expression and information
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.”
2. EU directives relating to protection and processing of personal data
76. The Data Protection Directive (Directive 95/46/EC on the protection
of individuals with regard to the processing of personal data and on the free
movement of such data), adopted on 24 October 1995, regulated for many
years the protection and processing of personal data within the European
Union. As the activities of member States regarding public safety, defence
and State security fall outside the scope of Community law, the Directive
did not apply to these activities (Article 3(2)).
77. The Privacy and Electronic Communications Directive (Directive
2002/58/EC concerning the processing of personal data and the protection
of privacy in the electronic communications sector), adopted on
12 July 2002, states, in recitals 2 and 11:
“(2) This Directive seeks to respect the fundamental rights and observes the
principles recognised in particular by the Charter of fundamental rights of the
European Union. In particular, this Directive seeks to ensure full respect for the rights
set out in Articles 7 and 8 of that Charter.
(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