[fredkbloggs]

But it seems that such a treaty would fall afoul of EU law, no? That's the basis of this position if it were to become a final ruling. The AG's position here is that data privacy is a fundamental right that cannot be negotiated away by the EU or its member states. Am I misunderstanding?

[spiralpolitik]

Yes, assuming the country was a signatory to the European Convention on Human Rights which all member states are required to be. In particular "Everyone has the right to respect for his private and family life, his home and his correspondence" with Rotaru v. Romania (2000) being the appropriate case law.

https://en.wikipedia.org/wiki/Article_8_of_the_European_Conv...