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Judgment

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As regards the third condition, it should be recalled that Article 5 of Regulation 2018/1725 sets out the limits of EU institutions’ power to process personal data, by providing, inter alia, in Article 5(1)(a) thereof, that such processing is to be permitted when it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in that institution. In addition, as is apparent from recital 3 of the amending decision, the purpose of the virtual data room procedure is to place on the file only those Protected Documents which are found actually to be relevant to the Commission’s investigation after they have been examined in such a room. In addition, the applicant does not maintain that the contested decision compromises the essence of the right to privacy as provided for in Article 7 of the Charter.

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