The European Data Protection Supervisor (EDPS) has published a study on the fundamental rights to privacy and the protection of personal data. The study explores the requirement of respecting the 'essence' of these rights, particularly in instances where they are limited under EU law. The paper examines Article 52(1) of the Charter of Fundamental Rights of the EU along with secondary EU laws to facilitate further discussion and reflection on the application of the requirement. By reviewing current knowledge on the subject, the paper identifies key issues that require further consideration. It suggests that rather than speculating on the essence of the rights at stake, the focus should be on when a limitation of a right can be considered a breach of the essence requirement.
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