Requests for comparison of Eurodac data by Europol should be allowed only in specific cases, under specific circumstances and under strict conditions, in line with the principles of necessity and proportionality enshrined in Article 52(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and as interpreted by the Court of Justice of the European Union (the ‘Court of Justice’) (25).
25. Judgment of the Court of Justice of 8 April 2014, Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and Others and Kärntner Landesregierung and Others, Joined cases C-293/12 and C-594/12, ECLI:EU:C:2014:238; Judgment of the Court of Justice of 21 December 2016, Tele2 Sverige AB v Post- och telestyrelsen and Secretary of State for the Home Department v Tom Watson and Others, Joined cases C-203/15 and C-698/15, ECLI:EU:C:2016:970. ↩︎