I overlooked nothing, just pointed out that you are referring to a wrong document. But since you mention article 52... it cannot be taken out of context of the whole title VII. Yes, human rights are not absolute. It does not mean that they can be restricted arbitrarily. In case of digital surveillance there are already some legal precedents in EU (I know that in EU precedents are not binding, but they may serve as indication of possible decisions). E.g. in Germany installing spyware is now allowed only to investigate serious crimes, according to recent decision of the Constitutional Court.

Could you link the version you're reading. I don't see anything saying this in the version linked above. It reads to me like "there may be limitations put on these rights but only to protect other rights, and even then the essence/spirit of the law should be maintained".

Scanning everyone’s messages does not meet the bar of necessity. Especially when you look at their reasoning, child safety. Every country in EU should be ashamed of the funding they give police to investigate and prosecute known abuse and abuse materials. When they’ve properly financed policing maybe then they can make an argument that additional steps are necessary but not before.

And you can just say it is out of economic necessity and the constitution would mean shit, even with the EUs questionable legitimacy.