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Adding and removing elements of the proportionality and necessity test to achieve desired outcomes. Breyer and the necessity to end anonymity of cell phone users

Paul De Hert, Georgios Bouchagiar


Case of Breyer v Germany Application no 50001/12 (ECtHR, 30 January 2020)
The Breyer judgment concerns the storage of subscriber data by telecommunications service providers. To the Court, the collection and storage of such data amounted to interference of a rather limited nature. Additional safeguards were provided in the relevant German laws and there was independent supervision by the data protection authorities. The German lawmaker had not exceeded the margin of appreciation. There had been no violation of Article 8 of the European Convention on Human Rights.

Professor, Law Science Technology & Society, Vrije Universiteit Brussel, <>; Associate Professor, Tilburg Law School, Department of Law, Technology, Markets, and Society, Researcher in Criminal Law and Technology, Faculty of Law, Economics and Finance, University of Luxembourg, <>; supported by the Luxembourg National Research Fund (FNR) (PRIDE17/12251371).


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