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.