ARTICLE
10 January 2019

European Court Of Justice Rules On Access To Personal Data In Context Of Criminal Investigation

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On October 2, the CJEU adopted a judgment in Case C‑207/16 confirming the conditions for public authorities to access personal data retained by providers of electronic communications services
European Union Privacy

On October 2, the CJEU adopted a judgment in Case C 207/16 confirming the conditions for public authorities to access personal data retained by providers of electronic communications services to conduct criminal investigations. The CJEU stated that the access by public authorities to identification data (such as first name, last name, or address) of the holder of a SIM card activated for a stolen mobile telephone is not a "serious interference" with the fundamental rights of the persons whose data is concerned. The CJEU stated that such access is justified by the need to prevent, investigate, detect, and prosecute criminal offenses, even if those offenses are not defined as "serious."

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