Примери за използване на General data retention obligation на Английски и техните преводи на Български
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(a) The strict necessity of general data retention obligations.
(29) Equally, general data retention obligations are an interference with several rights enshrined in Directive 2002/58.
I would nevertheless like to be clear about the usefulness of general data retention obligations in the fight against serious crime.
The existence of an objective of general interest recognised by the European Union that is capable of justifying a general data retention obligation.
The necessity of general data retention obligations in the fight against serious crime.
The question which therefore arises is whether the Member States are entitled to avail themselves of the option provided by Article 15(1)of Directive 2002/58 in order to impose a general data retention obligation.
The appropriateness of general data retention obligations with regard to the fight against serious crime.
In this section I shall address the question whether the Member States are entitled to avail themselves of the possibility offered by Article 15(1)of Directive 2002/58 in order to impose a general data retention obligation.
B- The compatibility of a general data retention obligation with the regime established by Directive 2002/58.
The requirement of appropriateness calls for an evaluation of the‘absolute' effectiveness- independently of any other possible measures- of a general data retention obligation in the fight against serious crime.
It now falls to be determined whether general data retention obligations are consistent with the regime established by Directive 2002/58.
Both Article 52(1) of the Charter and Article 15(1)of Directive 2002/58 lay down requirements concerning the legal basis to which Member States must have recourse when imposing a general data retention obligation.
The proportionality, within a democratic society, of a general data retention obligation in the light of the fight against serious crime.
In other words, general data retention obligations are not, in my view, inconsistent with the regime established by the directive, provided that they satisfy certain conditions.
Nevertheless, it is important to bear in mind that any substantial limitation of the scope of a general data retention obligation may considerably reduce the utility of such a regime in the fight against serious crime.
However, a general data retention obligation would not merely‘restrict the scope' of the rights and obligations mentioned in that provision, it would in fact nullify them.
In light of the foregoing considerations, I think that general data retention obligations are liable to contribute to the fight against serious crime.
A general data retention obligation need not invariably be regarded as, in itself, going beyond the bounds of what is strictly necessary for the purposes of fighting serious crime.
I have already set out the reasons for which I consider that a general data retention obligation constitutes a measure implementing the option provided for in Article 15(1) of Directive 2002/58.
Whilst the severity of such individual interference should not be underestimated,it nevertheless seems to me that the specific risks engendered by a general data retention obligation become apparent in the context of‘mass' interference.
The Court therefore noted that general data retention obligations are characterised by their lack of differentiation by reference to the objective of fighting serious crime.
As the Commission has rightly emphasised,provisions governing access are of decisive importance when assessing the compatibility with the Charter of provisions introducing a general data retention obligation in implementation of Article 15(1) of Directive 2002/58.
D- The compatibility of a general data retention obligation with the requirements laid down in Article 15(1) of Directive 2002/58 and Articles 7, 8 and 52(1) of the Charter.
In reality, as Messrs Watson, Brice and Lewis, the Belgian, Danish, German and Finnish Governments andthe Commission have argued, a general data retention obligation, such as those at issue in the main proceedings, is a measure implementing Article 15(1) of Directive 2002/58.
I infer from the foregoing that a general data retention obligation need not invariably be regarded as, in itself, going beyond the bounds of what is strictly necessary for the purposes of fighting serious crime.
Having regard to the foregoing considerations, I consider that all the guarantees described by the Court in paragraphs 60 to 68 of Digital Rights Ireland are mandatory andconsequently must accompany any general data retention obligation in order to limit the interference with the rights enshrined in Directive 2002/58 and Articles 7 and 8 of the Charter to what is strictly necessary.
In an individual context, a general data retention obligation will facilitate equally serious interference as targeted surveillance measures, including those which intercept the content of communications'(para 254).
Assuming that other alternative measures could be as effective in the fight against serious crime, it will still remainfor the referring courts, in accordance with the settled case-law referred to in point 185 of this Opinion, to determine whether those other measures would interfere with the fundamental rights at issue to a lesser extent than a general data retention obligation.
In other words,in an individual context, a general data retention obligation will facilitate equally serious interference as targeted surveillance measures, including those which intercept the content of communications.
The United Kingdom Government has drawn from that judgment the argument that a general data retention obligation may be justified by any of the objectives mentioned in either Article 15(1) of Directive 2002/58 or Article 13(1) of Directive 95/46.