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Case C-162/22, Lietuvos Respublikos generalinė prokuratūra: Judgment of the Court (First Chamber) of 7 September 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by A.G. (Reference for a preliminary ruling — Telecommunications — Processing of personal data in the electronic communications sector — Directive 2002/58/EC — Scope — Article 15(1) — Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings — Subsequent use of those data in an investigation into misconduct in office)
ECLI:EU:UNKNOWN:62022CA0162
62022CA0162
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Official Journal of the European Union
Series C
C/2023/194
(Case C-162/22, (1) Lietuvos Respublikos generalinė prokuratūra)
(Reference for a preliminary ruling - Telecommunications - Processing of personal data in the electronic communications sector - Directive 2002/58/EC - Scope - Article 15(1) - Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings - Subsequent use of those data in an investigation into misconduct in office)
(C/2023/194)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Appellant: A.G.
Other party: Lietuvos Respublikos generalinė prokuratūra
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 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding the use, in connection with investigations into corruption-related misconduct in office, of personal data relating to electronic communications which have been retained, pursuant to a legislative measure adopted under that provision, by providers of electronic communications services and which have subsequently been made available, pursuant to that measure, to the competent authorities for the purpose of combating serious crime.
(1) OJ C 237, 20.6.2022.
ELI: http://data.europa.eu/eli/C/2023/194/oj
ISSN 1977-091X (electronic edition)