On 19 December 2019, the European Data Protection Supervisor issued guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data. The guidelines aim at providing policymakers and legislators with practical tools to help assess the compliance of proposed EU measures impacting the fundamental rights to privacy and the protection of personal data with the Charter of Fundamental Rights. Ideally, conflicts between data protection and priorities/objectives of measures are to be minimised at an early stage.

The guidelines offer a practical, step-by-step method by which to assess the proportionality of new legislative measures, providing explanations and concrete examples. They respond to requests from EU institutions for guidance on the particular requirements stemming from Art. 52(1) of the Charter. The guidelines also complement the EDPS’ 2017 “Necessity Toolkit,” which guides policymakers in applying the necessity test to new EU measures that may limit the fundamental rights to the protection of personal data (see eucrim 2/2017, p. 72).