e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 34


Recital 34

Varying Impact of Data Categories on Fundamental Rights Unofficial title


All data categories contain personal data and are thus covered by the safeguards under the Union data protection acquis. However, the intensity of the impact on fundamental rights varies between the categories, in particular between subscriber data and data requested for the sole purpose of identifying the user as defined in this Regulation, on the one hand, and traffic data, except for data requested for the sole purpose of identifying the user as defined in this Regulation, and content data on the other. While subscriber data as well as IP addresses, access numbers and related information, where requested for the sole purpose of identifying the user, could be useful to obtain first leads in an investigation about the identity of a suspect, traffic data, except for data requested for the sole purpose of identifying the user as defined in this Regulation, and content data are often more relevant as probative material. It is therefore essential that all those data categories are covered by this Regulation. Given the varying degree of interference with fundamental rights, appropriate safeguards and conditions should be imposed for obtaining such data.