Case C-349/21, HYA and Others (Grounds for authorising telephone tapping): Judgment of the Court (Third Chamber) of 16 February 2023 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — HYA, IP, DD, ZI, SS (Reference for a preliminary ruling — Telecommunications sector — Processing of personal data and the protection of privacy — Directive 2002/58/EC — Article 15(1) — Restriction of the confidentiality of electronic communications — Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence — Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons — Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union — Obligation to state reasons)
Date: 2023-02-16
Institutions: Court of Justice
Subjects: confidentiality, criminal proceedings, data protection, judicial investigation, mobile communication, offence, personal data, protection of communications








C_2023127EN.01000601.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/6






Judgment of the Court (Third Chamber) of 16 February 2023 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — HYA, IP, DD, ZI, SS
(Case C-349/21, (1) HYA and Others (Grounds for authorising telephone tapping))
(Reference for a preliminary ruling - Telecommunications sector - Processing of personal data and the protection of privacy - Directive 2002/58/EC - Article 15(1) - Restriction of the confidentiality of electronic communications - Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence - Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons - Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union - Obligation to state reasons)
(2023/C 127/07)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties to the main proceedings


Applicants: HYA, IP, DD, ZI, SS

Other party to the proceedings: Spetsializirana prokuratura

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) read in the light of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union,
is to be interpreted as meaning that it does not preclude a national practice under which judicial decisions authorising the use of special investigative methods, following a reasoned and detailed application from the criminal authorities, are drawn up by means of a pre-drafted text which does not contain individualised reasons, but which merely states, in addition to the validity period of the authorisation, that the requirements laid down by the legislation to which those decisions refer have been complied with, provided that the precise reasons why the court with jurisdiction considered that the legal requirements had been complied with, in the light of the factual and legal circumstances characterising the case in question, can be easily and unambiguously inferred from a cross-reading of the decision and the application for authorisation, the latter of which must be made accessible, after the authorisation has been given, to the person against whom the use of special investigative methods has been authorised.


(1)  OJ C 338, 23.8.2021.