129Concerning observance of the principle of proportionality, the first sentence of Article 15(1) of Directive 2002/58 provides that the Member States may adopt a measure derogating from the principle that communications and the related traffic data are to be confidential where such a measure is ‘necessary, appropriate and proportionate … within a democratic society’, in view of the objectives set out in that provision. Recital 11 of that directive specifies that a measure of that nature must be ‘strictly’ proportionate to the intended purpose.
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