According to the ICO guidance on the use of cookies and similar technologies1, browser settings and other control mechanisms can be relied upon for the lawful application of cookies only if they meet the following conditions:
They are designed to protect users' privacy and provide them with control over the use of cookies and similar technologies; They are prominent and easy to use, and do not require users to take unnecessary steps or provide unnecessary information; They are specific and granular enough to allow users to express their preferences for different types and purposes of cookies and similar technologies; They are sufficiently informed and clear about the cookies and similar technologies that will be set or accessed, and the purposes for which they will be used; They are regularly reviewed and updated to reflect any changes in the cookies and similar technologies that are used or the purposes for which they are used; They are not overridden or circumvented by other software or settings that may interfere with users' choices; They provide an effective means of withdrawing consent at any time.
Therefore, browser settings and other control mechanisms can be a valid way of obtaining consent for cookies and similar technologies, but only if they meet these high standards and ensure that users have a real and meaningful choice over the use of cookies and similar technologies on their devices. Reference: 1 How do we comply with the cookie rules? | ICO. Available at: 4 (Accessed: 11 December 2023).

According to the CIPP/E study guide, the Data Protection Law Enforcement Directive (LED) is a piece of EU legislation that ensures the protection of personal data of individuals involved in criminal proceedings, be it as witnesses, victims or suspects1. The LED applies 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 penalties2. Article 4 of the LED sets out the principles relating to the processing of personal data, which include lawfulness, fairness, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality3. Article 4 (1) (e) of the LED states that personal data shall be processed lawfully, where processing is necessary for the performance of a task carried out by a competent authority for the purposes of the LED, and where processing is based on Union or Member State law which shall meet an objective of general interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued3. Therefore, a government can carry out covert investigations involving personal data, as long as it is set forth by law and constitutes a measure that is both necessary and proportionate to the objective of general interest, such as the prevention or prosecution of criminal offences. Reference: 1: CIPP/E study guide, page 1; Data protection in law enforcement2: CIPP/E study guide, page 2; Art. 2 LED3: CIPP/E study guide, page 3; Art. 4 LED.

Article 8 of the ECHR protects the right to respect for private and family life, home and correspondence.
However, this right is not absolute and can be subject to limitations by a public authority in accordance with the law and for a legitimate aim. The European Court of Human Rights (ECtHR) has developed a two-stage test to determine whether such limitations are justified. First, the court must examine whether there is a legitimate aim pursued by the public authority, such as national security, public safety or the prevention of crime. Second, the court must assess whether the means used by the public authority are appropriate and necessary to achieve that aim, taking into account all relevant factors such as proportionality, necessity and less restrictive alternatives12. Therefore, the right to privacy is not an absolute right but a qualified one that has to be balanced against other rights under the ECHR. References:
* Article 8 - Protection of personal data
* Your right to respect for private and family life
* Right to respect for private and family life
* Guide on Article 8 of the European Convention on Human Rights
* European Convention on Human Rights - Article 8