Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/04/2024

Subject: The Court affirmed that Directive (EU) 2016/680 on the protection of natural persons with regard 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 penalties, read in the light of Articles 7, 8 of the Charter of Fundamental Rights of the European Union, does not preclude national legal rules which afford the competent authorities the possibility to access data contained in a mobile telephone for the purposes of the prevention, investigation, detection and prosecution of criminal offences in general, provided those rules define with sufficient precision the nature or categories of offences concerned, ensure respect for the principle of proportionality, and make reliance on that possibility, except in duly justified cases of urgency, subject to prior review by a judge or an independent administrative body. However, the Court affirmed that Directive 2016/680, read in the light of Article 47 of the Charter of Fundamental Rights, precludes national legal rules which authorise the competent authorities to attempt to access data contained in a mobile telephone without informing the data subject, within the framework of the applicable national procedural rules, of the grounds on which the authorisation to access such data, issued by a court or an independent administrative body, is based, once the communication of that information is no longer liable to jeopardise the tasks of those authorities under that directive

Parties: Bezirkshauptmannschaft Landeck

Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Justice - Art. 47 Right to an effective remedy before a tribunal

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