Recital 43b

The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any processing of content data of electronic communications should be allowed only under strictly defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, Regulation (EU)2016/679 sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always carry out a data protection impact assessment and, if necessary, consult the supervisory authority prior to the processing. After electronic communications content has been sent by the user and received by the intended user or users, it may be recorded or stored by the user, users or by a third party entrusted by them to record or store such data, which could be the electronic communications service provider. Any processing of such stored communications data where the data is stored on behalf of the user must comply with Regulation (EU)2016/679.