CJEU - C-623/17 - Privacy International (BCD case)
| CJEU - C‑623/17 BCD case | |
|---|---|
 | |
| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 1(3) and Article 3, Directive 2002/58/EC Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union Articles 7, 8 and 11 and Article 52(1), Article 4(2) TEU |
| Decided: | 06.10.2020 |
| Parties: | Privacy International Secretary of State for Foreign and Commonwealth Affairs, Secretary of State for the Home Department, Government Communications Headquarters, Security Service, Secret Intelligence Service UK Secretary of State for Foreign and Commonwealth Affairs, Secretary of State for the Home Department, Government Communications Headquarters, Security Service, Secret Intelligence Service |
| Case Number/Name: | C‑623/17 BCD case |
| European Case Law Identifier: | ECLI:EU:C:2020:790 |
| Reference from: | Investigatory Powers Tribunal (IPT) |
| Language: | 24 EU Languages |
| Original Source: | Judgement |
| Initial Contributor: | Mariam Tabatadze |
CJEU limits general and indiscriminate access to the bulk electronic communications by the security and intelligence agencies.
English Summary
Facts
Privacy international has challenged the lawfulness of the practices of collecting and using the bulk communications data (BCD) by the UK security and intelligences agencies. The Investigatory Powers Tribunal referred to the Court of Justice of the European Union the questions whether the existence of practices for the acquisition and use of bulk communications data by the security and intelligence agencies of the UK does fall within the scope of Union law and of Directive 2002/58 and if yes, does the EU law precludes national legislation enabling State authority to require provides of electronic communications to carry out the general and indiscriminate transmission of traffic data and location data to the security and intelligence agencies for the purpose of safeguarding national security.
Dispute
The referring court asked two questions : firstly, having regard to Article 4 TEU (referring to national security) and Article 1(3) of Directive 2002/58, ("Directive shall not apply to activities ..... which fall to tha activities concerning public security, defence, State security") does a requirement in a direction by a Secretary of State to a provider of an electronic communications network that it must provide bulk communications data to the security and intelligence agencies of a Member State fall within the scope of Union law and of Directive.
The second question reffered to the court was seeking to ascertain whether Article 15(1) of Directive 2002/58, read in the light of Article 4(2) TEU and Articles 7, 8 and 11 and Article 52(1) of the Charter, is to be interpreted as precluding national legislation enabling a State authority to require providers of electronic communications services to carry out the general and indiscriminate transmission of traffic data and location data to the security and intelligence agencies for the purpose of safeguarding national security.
Holding
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