# C_2021462EN.01002503.xml

| 15.11.2021 | EN | Official Journal of the European Union | C 462/25 |
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15.11.2021

EN

Official Journal of the European Union

C 462/25

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 30 July 2021 — La Quadrature du Net, Fédération des fournisseurs d’accès à internet associatifs, Franciliens.net, French Data Network v Premier ministre, Ministère de la Culture

(Case C-470/21)

(2021/C 462/30)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicants: La Quadrature du Net, Fédération des fournisseurs d’accès à internet associatifs, Franciliens.net, French Data Network

Defendants: Premier ministre, Ministère de la Culture

Questions referred

| 1. | Are the civil identity data corresponding to an IP address included among the traffic and location data to which, in principle, the requirement for prior review by a court or an independent administrative entity with binding power applies? |
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1.

Are the civil identity data corresponding to an IP address included among the traffic and location data to which, in principle, the requirement for prior review by a court or an independent administrative entity with binding power applies?

| 2. | If the first question is answered in the affirmative, and having regard to the fact that the data relating to the civil identity of users, including their contact details, are not particularly sensitive data, is 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), (1) read in the light of the Charter of Fundamental Rights of the European Union, to be interpreted as precluding national legislation which provides for the collection of those data, corresponding to the IP addresses of users, by an administrative authority, without prior review by a court or an independent administrative entity with binding power? |
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2.

If the first question is answered in the affirmative, and having regard to the fact that the data relating to the civil identity of users, including their contact details, are not particularly sensitive data, is 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), (1) read in the light of the Charter of Fundamental Rights of the European Union, to be interpreted as precluding national legislation which provides for the collection of those data, corresponding to the IP addresses of users, by an administrative authority, without prior review by a court or an independent administrative entity with binding power?

| 3. | If the second question is answered in the affirmative, and having regard to the fact that the data relating to civil identity are not particularly sensitive data, that only those data may be collected and they may be collected solely for the purposes of preventing failures to fulfil obligations which have been defined precisely, exhaustively and restrictively by national law, and that the systematic review of access to the data of each user by a court or a third-party administrative entity with binding power would be liable to jeopardise the fulfilment of the public service task entrusted to the administrative authority which collects those data, which is itself independent, does the directive preclude the review from being performed in an adapted fashion, for example as an automated review, as the case may be under the supervision of a department within the body which offers guarantees of independence and impartiality in relation to the officials who have the task of collecting the data? |
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3.

If the second question is answered in the affirmative, and having regard to the fact that the data relating to civil identity are not particularly sensitive data, that only those data may be collected and they may be collected solely for the purposes of preventing failures to fulfil obligations which have been defined precisely, exhaustively and restrictively by national law, and that the systematic review of access to the data of each user by a court or a third-party administrative entity with binding power would be liable to jeopardise the fulfilment of the public service task entrusted to the administrative authority which collects those data, which is itself independent, does the directive preclude the review from being performed in an adapted fashion, for example as an automated review, as the case may be under the supervision of a department within the body which offers guarantees of independence and impartiality in relation to the officials who have the task of collecting the data?

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(1)  OJ 2002 L 201, p. 37.

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