WORKING

PAPERS

WORKING PAPER • VOL. 7 • N° 28 • September 2021

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

by Paul De Hert and Georgios Bouchagiar

ABSTRACT

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.

Keywords: Breyer, subscriber data, telecommunications service providers, right to privacy