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“Article 7(f) of Directive 95/46/EC, which is reproduced in the General Data Protection Regulation (GDPR), is the last of six grounds for the lawful processing of personal data and it is without any doubt less constraining than the other grounds.

Post Date: 09 - Aug - 2023

Coursework

Privacy and Data Protection Law

Word limit: 3500 words

Answer the question below

“Article 7(f) of Directive 95/46/EC, which is reproduced in the General Data Protection Regulation (GDPR), is the last of six grounds for the lawful processing of personal data and it is without any doubt less constraining than the other grounds. We are miles away from the privacy logic as expressed in Article 8 of the European Convention on Human Rights (ECHR) with its insistence on the need for restrictive interpretation of exceptions to rights, the need for a legal basis provided for by law, and proportionality testing.”

Critically discuss in light of the judgement of the Court of Justice of the European Union in Breyer [Patrick Breyer case C-582/14 (19 October 2016)]

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