Opinion of the Advocate General — ECLI:EU:C:2022:779
Date: 2022-10-13
Language of the case: Bulgarian
Subject matter: Telecommunications;Data protection
Procedure: Reference for a preliminary ruling
Origin: Bulgaria

Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 4 June 2021 – Criminal proceedings against HYA and Others (Case C-349/21) Language of the case: Bulgarian Referring court Spetsializiran nakazatelen sad Parties to the main proceedings HYA and Others Questions referred Is a practice of national courts in criminal proceedings whereby the court authorises the interception, recording and storage of telephone conversations of suspects by means of a pre-drafted, generic text template in which it is merely asserted, without any individualisation, that the statutory provisions have been complied with compatible with Article 15(1) of Directive 2002/58, 1 read in conjunction with Article 5(1) and recital 11 thereof? If not, is it contrary to EU law if the national law is interpreted as meaning that information obtained as a result of such authorisation is used to prove the charges brought? ____________ 1 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) (OJ L 201, 31.7.2002, p. 37, Special edition in Bulgarian: Chapter 13 Volume 036 P. 63).