The Principle of Purpose Limitation in Data Protection Laws

precautionary protection only in cases of special danger Britz summarizes several topics discussed in legal literature with respect to special dangers and concludes from these topics several types of cases that justify, exceptionally, or even require a precautionary protection against abstract dangers:1480 (a) In contrast to the considerations of the German Constitutional Court, there might be a special danger even if the (state) interest for the data concerned is not yet so particular that it qualitatively concerns an in(2) between the three principles clarity of law, proportionality, and purpose limitation.. 1476 See Britz, ibid., p. 578. 1477 See Britz, ibid., p. 578 with references esp. to Hoffmann-Riem, New Concept of Data Protection, pp. 514 et sequ. as well as 528; Eifert, Purpose Congruence instead of Purpose Limitation, pp. 140 et. sequ. 1478 Cf. above under points C. I. 1. b) aa) (3) (b) Priority of contractual agreements and the imbalance of powers, C. I. 1. b) aa) (3) (c) Balancing the colliding constitutional positions, C. I. 1. b) bb) (1) The 3-Step-Test: Assessing the defensive and protection function. 1479 See Britz, ibid., p. 579. 1480 See Britz, ibid., pp. 579 to 581. IV. Data protection instruments in non-linear environments