The European Data Protection Supervisor (EDPS) has published a Background Paper intended to develop an approach for assessing the necessity of measures that interfere with the fundamental rights to personal data protection and the respect of private life. In forming its recommendations, the Paper draws on various sources of European case law, previous opinions of the EDPS and the Article 29 Working Party, and from the Charter of Fundamental Rights of the European Union Charter in which these rights are enshrined. The Paper provides that “[t]he test of necessity should be considered as the first step with which a proposed measure involving processing of personal data must comply,” and proposes a six-step checklist to implement that test.

Background Paper (PDF)