Prokuratuur (Conditions d'accès aux donnees relatives aux communications electroniques) (Judgment) French Text [2021] EUECJ C-746/18 (02 March 2021)

Prokuratuur (Conditions d'accès aux donnees relatives aux communications electroniques) (Judgment) French Text [2021] EUECJ C-746/18 (02 March 2021)

Article 15(1) of Directive 2002/58/EC, read in light of the Charter, precludes national legislation allowing public authorities access to a set of traffic or location data capable of providing precise information about private life for the purposes of preventing, investigating, detecting, or prosecuting criminal offences in general, unless such access is limited to fighting serious crime or preventing serious threats to public security, regardless of the period or quantity of data. Such access must be subject to prior review by a court or independent administrative authority; the public prosecutor, who directs investigations and prosecutes, does not qualify as such an authority.

Parties
Defendant: H. K.; Prosecutor: Prokuratuur
Jurisdiction
European Union
Judgment Date
02 March 2021
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) From Estonian Supreme Court in Criminal Proceedings / Judgment on Preliminary Questions by the Grand Chamber of the Court of Justice of the European Union
Outcome
Preliminary ruling: National law allowing access to retained electronic communications data for general crime-fighting purposes, and authorizing such access by the public prosecutor, is contrary to EU law and the Charter.
Legal Topics
Access to Electronic Communications Data, Data Retention, Privacy and Confidentiality of Communications, Proportionality in Criminal Investigations, Judicial/independent Oversight of Data Access
European Union Law Criminal Law Data Protection Law Access to Electronic Communications Data Data Retention Privacy and Confidentiality of Communications Proportionality in Criminal Investigations Judicial/independent Oversight of Data Access

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Parties

H. K.

Defendant

Prokuratuur

Prosecutor

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) From Estonian Supreme Court in Criminal Proceedings / Judgment on Preliminary Questions by the Grand Chamber of the Court of Justice of the European Union

Legal Issues

  1. 1 Whether national law allowing public authorities access to retained electronic communications data for general crime-fighting purposes, without limiting access to serious crime, is compatible with EU law and the Charter of Fundamental Rights.
  2. 2 Whether the quantity or period of data accessed can affect the justification for such access under the principle of proportionality.
  3. 3 Whether the public prosecutor can be considered an independent authority for the purpose of authorizing access to such data.

Ratio Decidendi

Article 15(1) of Directive 2002/58/EC, read in light of the Charter, precludes national legislation allowing public authorities access to a set of traffic or location data capable of providing precise information about private life for the purposes of preventing, investigating, detecting, or prosecuting criminal offences in general, unless such access is limited to fighting serious crime or preventing serious threats to public security, regardless of the period or quantity of data. Such access must be subject to prior review by a court or independent administrative authority; the public prosecutor, who directs investigations and prosecutes, does not qualify as such an authority.

Court Disposition

Preliminary ruling: National law allowing access to retained electronic communications data for general crime-fighting purposes, and authorizing such access by the public prosecutor, is contrary to EU law and the Charter.

Orders

  • Article 15(1) of Directive 2002/58/EC, read in light of the Charter, precludes national law allowing access to traffic or location data for general crime-fighting purposes, not limited to serious crime or serious threats to public security.
  • Such access must be subject to prior review by a court or independent administrative authority; the public prosecutor does not qualify as such an authority.