Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/30/2024

Subject: According to the Court, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector, read in the light of the Charter of Fundamental Rights of the European Union, does not preclude a national provision which requires a national court, acting in the context of a prior review carried out following a reasoned request for access to a set of traffic or location data – which are liable to allow precise conclusions to be drawn concerning the private life of a user of a means of electronic communication and retained by providers of electronic communications services – submitted by a competent national authority in the context of a criminal investigation, to authorise such access if it is requested for the purposes of investigating criminal offences punishable under national law by a maximum term of imprisonment of at least three years, provided that there is sufficient evidence of the commission of such offences and that those data are relevant to establishing the facts, on condition, however, that that court is entitled to refuse such access if it is requested in the context of an investigation into an offence which is manifestly not a serious offence, in the light of the societal conditions prevailing in the Member State concerned

Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority

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