C.Necessary in a Democratic Society: Pressing Social Need and Proportionality Requirements
In addition to being lawful and serving a legitimate purpose, the restriction must…
In assessing the necessity/ proportionality of a data-processing operation that interferes…
In the Leander Case, the applicant argued that there were insufficient guarantees against abuse as he was refused any possibility of challenging the correctness of the information concerning him contained in a secret dossier when he applied for employment in a sensitive job.…
Sayfa 837“...the…
According to the Court, the core principles of data protection require the retention…
In the S and Marper v. UK case, the Court found a violation of Article 8 where the blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.…
In contrast, in the Peruzzo and Martens v. Germany case, the applicants maintained that the taking of cellular material with a view to determining and processing their DNA profiles on the basis of the domestic court’s impugned decisions and the retention of the data obtained constituted disproportionate interference with their right to private life, in breach of Article 8 of the Convention.…
“…the domestic rules on the taking and retention of DNA material from persons convicted of offences reaching a certain level of gravity, as applied in the case of the present applicants, strike a fair balance between the competing public and private interests and fall within the respondent State’s acceptable margin of appreciation. Accordingly, the measures ordered by the impugned …
Therefore, the Court found the convicted applicant’s application about the retention…
In the Peck Case, the disclosure to the media for broadcast use of video footage of the applicant whose suicide attempt was caught on CCTV (closed-circuit television) cameras was found to be a serious interference with the applicant’s private life, notwithstanding that he was in a public place at the time.…
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