Recommendations 02/2020 on the European Essential Guarantees for surveillance measures

The European Data Protection Board (EDPB) adopted on 10th November 2020 relevant recommendations regarding the further development of European Essential Guarantees for surveillance measures.

Based on the jurisprudence of the Court of Justice of the European Union, such Guarantees need to be respected to ensure compliance with the rights to privacy and the protection of personal data.

The Board stressed that surveillance measures, when transferring personal data, should not go beyond what is necessary and proportionate in a democratic society.

By means of updating and further development, the adoption of this document was deemed necessary following Schrems II judgment since the European Essential Guarantees have been originally drafted in response to the Schrems I.

European Essential Guarantees

According to the Board, following a jurisprudence analysis, the European Essential Guarantees can be summarised in four:

  • Processing should be based on clear, precise and accessible rules;
  • Necessity and proportionality with regard to the legitimate objectives pursued need to be demonstrated;
  • An independent oversight mechanism should exist;
  • Effective remedies need to be available to the individual.

Therefore, the European Essential Guarantees must be interpreted as a referential standard when assessing the interference, entailed by third-country surveillance measures, in the context of international data transfers. Such standards derive from EU law and the jurisprudence of the CJEU and the ECtHR, which is binding on Member States.

We encourage all the stakeholders to read the complete document on the following hyperlink:  Recommendations 02/2020 on the European Essential Guarantees for surveillance measures

Article by Lucas Cortizo, 12th November 2020

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