# C_2021148EN.01000201.xml

| 26.4.2021 | EN | Official Journal of the European Union | C 148/2 |
| --- | --- | --- | --- |

26.4.2021

EN

Official Journal of the European Union

C 148/2

---

Judgment of the Court (Grand Chamber) of 2 March 2021 (request for a preliminary ruling from the Riigikohus — Estonia) — Criminal proceedings against H.K.

(Case C-746/18) (1)

(Reference for a preliminary ruling - Processing of personal data in the electronic communications sector - Directive 2002/58/EC - Providers of electronic communications services - Confidentiality of the communications - Limitations - Article 15(1) - Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union - Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services - Access of national authorities to retained data for the purpose of investigations - Combating of crime in general - Authorisation given by the public prosecutor’s office - Use of data in criminal proceedings as evidence - Admissibility)

(2021/C 148/02)

Language of the case: Estonian

Referring court

Riigikohus

Parties in the main proceedings

H.K.

Other party: Prokuratuur

Operative part of the judgment

| 1. | 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 national legislation that permits public authorities to have access to a set of traffic or location data, that are liable to provide information regarding the communications made by a user of a means of electronic communication or regarding the location of the terminal equipment which he or she uses and to allow precise conclusions to be drawn concerning his or her private life, for the purposes of the prevention, investigation, detection and prosecution of criminal offences, without such access being confined to procedures and proceedings to combat serious crime or prevent serious threats to public security, and that is so regardless of the length of the period in respect of which access to those data is sought and the quantity or nature of the data available in respect of such a period. |
| --- | --- |

1.

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 national legislation that permits public authorities to have access to a set of traffic or location data, that are liable to provide information regarding the communications made by a user of a means of electronic communication or regarding the location of the terminal equipment which he or she uses and to allow precise conclusions to be drawn concerning his or her private life, for the purposes of the prevention, investigation, detection and prosecution of criminal offences, without such access being confined to procedures and proceedings to combat serious crime or prevent serious threats to public security, and that is so regardless of the length of the period in respect of which access to those data is sought and the quantity or nature of the data available in respect of such a period.

| 2. | Article 15(1) of Directive 2002/58, as amended by Directive 2009/136, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights, must be interpreted as precluding national legislation that confers upon the public prosecutor’s office, whose task is to direct the criminal pre-trial procedure and to bring, where appropriate, the public prosecution in subsequent proceedings, the power to authorise access of a public authority to traffic and location data for the purposes of a criminal investigation. |
| --- | --- |

2.

Article 15(1) of Directive 2002/58, as amended by Directive 2009/136, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights, must be interpreted as precluding national legislation that confers upon the public prosecutor’s office, whose task is to direct the criminal pre-trial procedure and to bring, where appropriate, the public prosecution in subsequent proceedings, the power to authorise access of a public authority to traffic and location data for the purposes of a criminal investigation.

---

(1)  OJ C 54, 11.2.2019.

---