Source: All England Reporter
Publisher Citation: [2016] All ER (D) 107 (Dec)
Court: Court of Justice of the European Union (Grand Chamber)

Judges Lenaerts (President), Tizzano (Vice-President), Silva de Lapuerta, von Danwitz (Rapporteur), da Cruz Vilaça, Juhász and Vilaras (Presidents of the Chamber), Borg Barthet, Malenovsky, Levits, Bonichot, Arabadjiev, Rodin, Biltgen, Lycourgos

Judgment Dates: 21 December 2016


European Union - Data protection - Processing and free movement of personal data - Applicants in two separate sets of proceedings challenging national legislation in Sweden and United Kingdom respectively concerning processing of personal data and protection of privacy in electronics communication sector - In Swedish proceedings, applicant challenging order by Swedish Post and Telecom Authority requiring applicant to retain traffic and location data relating to applicant's subscribers and registered users for the purpose of fighting crime - In UK proceedings, applicants challenging national legislation under which Secretary of State for the Home Department could require public telecommunications operator to retain relevant communications data if such data considered to be for the purpose of fighting serious crime - Whether relevant EU directive precluding Swedish and UK national legislation at issue - , art 15(1).

The Case

European Union Data protection. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that of Directive (EC) 2002-58, as amended by , read in the light of arts 7, 8, 11 and 52(1) of the Charter of Fundamental Rights, had to be interpreted as precluding national legislation governing the protection and security of traffic and location data and, in particular, access of the competent national authorities to the retained data, where the objective pursued by that access, in the context of fighting crime, was not restricted solely to fighting serious crime, where access was not subject to prior review by a court or an independent administrative authority, and where there was no requirement that the data concerned should be retained within the European Union.

Practice Areas

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