## 4 Setting the Limits between Conflicting Rights
### Specific Legislation on Remote Sensing Technologies
Protection of privacy on international level is ruled by Article 8 of the European Convention on Human Rights (ECHR): \"Everyone has the right to respect for his private and family life, his home and his correspondence\". According to Paragraph 2 of the Article 8 ECHR \"There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others\". Therefore, the right to private life is not guaranteed in ECHR as an absolute right but it must be balanced against and reconciled with other legitimate interests, either private or public, while any interference with the right to privacy has to comply with the so--called \"democracy test\" ([PERSON], 2009). On European Union level, Article 16 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Article 8 of the Charter of Fundamental Rights of the European Union, they rule together the protection of personal data. Article 7 of the Charter of Fundamental Rights of the European Union declares respect for private and family life. Furthermore, according to Article 52 (1) of the Charter of Fundamental Rights of the European Union, the principle of proportionality is introduced as a tool for balancing fundamental rights. According to the last Article, limitations on the exercise of the rights and freedoms recognized by the Charter must be necessary and appropriate. In this sense, a limitation may be necessary if there is a need to adopt measures for the public interest objective pursued. If a limitation is proven to be strictly necessary, there must be also be assessed whether it is proportionate. Proportionality means that the advantages resulting from the limitation should outweigh the disadvantages the latter causes on the exercise of the fundamental rights at stake. To reduce disadvantages and risks to the enjoyment of the rights to privacy and data protection, it is important that limitations contain appropriate safeguards17. Footnote 17: Handbook on European data protection law. 2018. Available online: [[https://fra.europa.eu/en/publication/2018/handbook-european-data-protection-law-2018-edition](https://fra.europa.eu/en/publication/2018/handbook-european-data-protection-law-2018-edition)]([https://fra.europa.eu/en/publication/2018/handbook-european-data-protection-law-2018-edition](https://fra.europa.eu/en/publication/2018/handbook-european-data-protection-law-2018-edition)) (accessed on 5 April 2021). Furthermore, Union Law contains since very early specialized legislation on the protection of personal data. The current basic legislative acts for the protection of personal data in the EU is GDPR18 on one hand, and Police and Criminal Justice Authorities Directive19 on the other hand. Footnote 18: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Footnote 19: Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977 /JHA. GDPR's territorial scope according to Article 3 par.