CJEU - C-350/21 - Spetsializirana prokuratura
| CJEU - C-350/21 Spetsializirana prokuratura | |
|---|---|
 | |
| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 15(1) Directive 2002/58 Article 5(1) Directive 2002/58 Article 251b(1) of the Zakon za elektronnite saobshtenia (Law on electronic communications) |
| Decided: | |
| Parties: | Spetsializirana prokuratura |
| Case Number/Name: | C-350/21 Spetsializirana prokuratura |
| European Case Law Identifier: | |
| Reference from: | |
| Language: | 24 EU Languages |
| Original Source: | Judgement |
| Initial Contributor: | n/a |
English Summary
Facts
In the context of criminal proceedings, the prosecutor requested the Spetsializiran nakazatelen sad (Bulgarian Criminal Court) to give him access to data, including location data, concerning the telephone calls of five persons involved in a serious crime case. The case file showed that the telephone numbers were potentially used to commit the crime.
Under Bulgarian national law, the retention of traffic and location data is limited to six months. Access to these data is only allowed for investigative purposes in serious offences, but the national law does not include a provision that restricts access to what is strictly necessary for the purpose.
The Criminal Court therefore referred the following question to the CJEU.
(1) Is national legislation (Article 251b(1) of the Zakon za elektronnite saobshtenia (Law on electronic communications)) providing for the general and indiscriminate retention of all traffic data (traffic data and location data of users of electronic means of communication) for a period of 6 months in order to fight serious crime compatible with Article 15(1) of Directive 2002/58, read in combination with Article 5(1) and recital 11 thereof, provided that the national legislation contains certain safeguards?
(2) Is national legislation (Article 159a of the Nakazatelno-protsesualen kodeks (Code of Criminal Procedure)) which does not limit access to traffic data to what is strictly necessary and does not grant the persons whose traffic data are accessed by the law enforcement authorities the right to be notified thereof, provided that that does not impede criminal proceedings, or the right to a legal remedy against unlawful access compatible with Article 15(1) of Directive 2002/58, read in combination with Article 5(1) and recital 11 thereof?
Holding
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