Ligue des droits humains ASBL v Conseil des ministres (C-817/19)

Judgment of 21 Jun 2022

law://eu/cjeu/2019/c-817-19/para_117@2026-11-13

117In order to satisfy the proportionality requirement, the legislation in question entailing the interference must lay down clear and precise rules governing the scope and application of the measures provided for and imposing minimum safeguards, so that the persons whose data have been transferred have sufficient guarantees to protect effectively their personal data against the risk of abuse. It must, in particular, indicate in what circumstances and under which conditions a measure providing for the processing of such data may be adopted, thereby ensuring that the interference is limited to what is strictly necessary. The need for such safeguards is all the greater where personal data are subject to automated processing. Those considerations apply especially where the PNR data are liable to reveal sensitive passenger data (Opinion 1/15 (EU-Canada PNR Agreement) of 26 July 2017, EU:C:2017:592, paragraph 141, and judgment of 6 October 2020, La Quadrature du Net and Others, C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791, paragraph 132 and the case-law cited).

Ligue des droits humains ASBL v Conseil des ministres (C-817/19)

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