Official Journal of the European Union

C series

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C/2024/3721

(Case C-178/22,

Procura della Repubblica presso il Tribunale di Bolzano)

(Reference for a preliminary ruling - Processing of personal data in the electronic communications sector - Confidentiality of communications - Providers of electronic communications services - Directive 2002/58/EC - Article 15(1) - Articles 7, 8, 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union - Access to those data requested by a national authority having competence to prosecute offences of aggravated theft - Definition of the concept of ‘serious offence’ the prosecution of which is capable of justifying serious interference with fundamental rights - Competence of the Member States - Principle of proportionality - Scope of prior review by a court of the requests to access the data retained by providers of electronic communications services)

(C/2024/3721)

Language of the case: Italian

Referring court

Party to the main criminal proceedings

Joined party:

Operative part of the judgment

Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, read in the light of Articles 7, 8, 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union,

must be interpreted as not precluding 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.

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ELI: http://data.europa.eu/eli/C/2024/3721/oj

ISSN 1977-091X (electronic edition)

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