{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-548-21-62021cj0548","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-548-21-62021cj0548)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-27","fingerprint":"ewai:eu:66a2b7","proof":"sha256:ac5223999969e5da8be4ea9f045f4841ef9bd740838e701ab6a315e7a2cd7aa7","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-548-21-62021cj0548","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures 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law","paragraphs":[]},{"title":"Directive 2002/58","paragraphs":[]},{"title":"3","paragraphs":[]},{"title":"Article 1 of Directive 2002/58, entitled ‘Scope and aim’, provides:","paragraphs":["para_56","para_57","para_58"]},{"title":"4","paragraphs":[]},{"title":"Article 3 of that directive, headed ‘Services concerned’, provides:","paragraphs":["para_61"]},{"title":"5","paragraphs":["para_63","para_64"]},{"title":"6","paragraphs":["para_66","para_67"]},{"title":"Directive (EU) 2016/680","paragraphs":[]},{"title":"7","paragraphs":["para_70","para_71","para_72","para_73"]},{"title":"(4)","paragraphs":["para_75","para_76"]},{"title":"(7)","paragraphs":["para_78","para_79"]},{"title":"(10)","paragraphs":["para_81"]},{"title":"(11)","paragraphs":["para_83","para_84"]},{"title":"(15)","paragraphs":["para_86","para_87"]},{"title":"(26)","paragraphs":["para_89","para_90"]},{"title":"(37)","paragraphs":["para_92","para_93"]},{"title":"(44)","paragraphs":["para_95","para_96"]},{"title":"(46)","paragraphs":["para_98","para_99"]},{"title":"(104)","paragraphs":["para_101"]},{"title":"8","paragraphs":["para_103","para_104"]},{"title":"2.   In accordance with this Directive, Member States shall:","paragraphs":[]},{"title":"(a)","paragraphs":["para_107"]},{"title":"(b)","paragraphs":["para_109"]},{"title":"9","paragraphs":[]},{"title":"Article 2 of Directive 2016/680, entitled ‘Scope’, provides, in paragraphs 1 and 3:","paragraphs":["para_112","para_113"]},{"title":"3.   This Directive does not apply to the processing of personal data:","paragraphs":[]},{"title":"(a)","paragraphs":["para_116","para_117"]},{"title":"10","paragraphs":[]},{"title":"Article 3 of Directive 2016/680, headed ‘Definitions’, states:","paragraphs":["para_120"]},{"title":"(1)","paragraphs":["para_122"]},{"title":"(2)","paragraphs":["para_124","para_125"]},{"title":"(7)","paragraphs":["para_127"]},{"title":"(a)","paragraphs":["para_129"]},{"title":"(b)","paragraphs":["para_131","para_132"]},{"title":"11","paragraphs":["para_134","para_135"]},{"title":"(a)","paragraphs":["para_137"]},{"title":"(b)","paragraphs":["para_139"]},{"title":"(c)","paragraphs":["para_141","para_142"]},{"title":"12","paragraphs":["para_144","para_145"]},{"title":"(a)","paragraphs":["para_147"]},{"title":"(b)","paragraphs":["para_149"]},{"title":"(c)","paragraphs":["para_151"]},{"title":"(d)","paragraphs":["para_153"]},{"title":"13","paragraphs":["para_155","para_156"]},{"title":"(a)","paragraphs":["para_158"]},{"title":"(b)","paragraphs":["para_160"]},{"title":"(c)","paragraphs":["para_162"]},{"title":"14","paragraphs":["para_164","para_165"]},{"title":"(a)","paragraphs":["para_167"]},{"title":"(b)","paragraphs":["para_169"]},{"title":"(c)","paragraphs":["para_171"]},{"title":"(d)","paragraphs":["para_173"]},{"title":"(e)","paragraphs":["para_175","para_176"]},{"title":"(a)","paragraphs":["para_178"]},{"title":"(b)","paragraphs":["para_180"]},{"title":"(c)","paragraphs":["para_182"]},{"title":"(d)","paragraphs":["para_184","para_185"]},{"title":"(a)","paragraphs":["para_187"]},{"title":"(b)","paragraphs":["para_189"]},{"title":"(c)","paragraphs":["para_191"]},{"title":"(d)","paragraphs":["para_193"]},{"title":"(e)","paragraphs":["para_195","para_196"]},{"title":"15","paragraphs":["para_198","para_199"]},{"title":"Austrian law","paragraphs":[]},{"title":"16","paragraphs":["para_202","para_203","para_204","para_205","para_206","para_207","para_208"]},{"title":"17","paragraphs":["para_210","para_211"]},{"title":"(2)   All other offences shall be minor offences.’","paragraphs":[]},{"title":"18","paragraphs":["para_214","para_215","para_216","para_217","para_218"]},{"title":"19","paragraphs":[]},{"title":"Paragraph 99(1) of the StPO provides:","paragraphs":["para_221"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"20","paragraphs":["para_224"]},{"title":"21","paragraphs":["para_226"]},{"title":"22","paragraphs":["para_228"]},{"title":"23","paragraphs":["para_230"]},{"title":"24","paragraphs":["para_232"]},{"title":"25","paragraphs":["para_234"]},{"title":"26","paragraphs":["para_236"]},{"title":"27","paragraphs":["para_238"]},{"title":"28","paragraphs":["para_240"]},{"title":"29","paragraphs":["para_242"]},{"title":"30","paragraphs":["para_244","para_245","para_246"]},{"title":"(2)","paragraphs":["para_248"]},{"title":"(3)","paragraphs":["para_250"]},{"title":"Procedure before the Court","paragraphs":[]},{"title":"31","paragraphs":["para_253"]},{"title":"32","paragraphs":["para_255"]},{"title":"33","paragraphs":["para_257"]},{"title":"The request to have the oral procedure reopened","paragraphs":[]},{"title":"34","paragraphs":["para_260"]},{"title":"35","paragraphs":["para_262"]},{"title":"36","paragraphs":["para_264"]},{"title":"37","paragraphs":["para_266"]},{"title":"38","paragraphs":["para_268"]},{"title":"39","paragraphs":["para_270"]},{"title":"40","paragraphs":["para_272"]},{"title":"41","paragraphs":["para_274"]},{"title":"42","paragraphs":["para_276"]},{"title":"Admissibility of the request for a preliminary ruling","paragraphs":[]},{"title":"43","paragraphs":["para_279"]},{"title":"44","paragraphs":["para_281"]},{"title":"45","paragraphs":["para_283"]},{"title":"46","paragraphs":["para_285"]},{"title":"47","paragraphs":["para_287"]},{"title":"48","paragraphs":["para_289"]},{"title":"49","paragraphs":["para_291"]},{"title":"50","paragraphs":["para_293"]},{"title":"51","paragraphs":["para_295"]},{"title":"52","paragraphs":["para_297"]},{"title":"53","paragraphs":["para_299"]},{"title":"54","paragraphs":["para_301"]},{"title":"55","paragraphs":["para_303"]},{"title":"Substance","paragraphs":[]},{"title":"56","paragraphs":["para_306"]},{"title":"57","paragraphs":["para_308"]},{"title":"58","paragraphs":["para_310"]},{"title":"59","paragraphs":["para_312"]},{"title":"60","paragraphs":["para_314"]},{"title":"61","paragraphs":["para_316"]},{"title":"62","paragraphs":["para_318"]},{"title":"63","paragraphs":["para_320"]},{"title":"64","paragraphs":["para_322"]},{"title":"65","paragraphs":["para_324"]},{"title":"66","paragraphs":["para_326"]},{"title":"67","paragraphs":["para_328"]},{"title":"68","paragraphs":["para_330","para_331"]},{"title":"69","paragraphs":["para_333"]},{"title":"70","paragraphs":["para_335"]},{"title":"71","paragraphs":["para_337"]},{"title":"72","paragraphs":["para_339"]},{"title":"73","paragraphs":["para_341"]},{"title":"74","paragraphs":["para_343"]},{"title":"75","paragraphs":["para_345"]},{"title":"76","paragraphs":["para_347"]},{"title":"77","paragraphs":["para_349"]},{"title":"The first and second questions","paragraphs":[]},{"title":"78","paragraphs":["para_352"]},{"title":"79","paragraphs":["para_354"]},{"title":"80","paragraphs":["para_356"]},{"title":"81","paragraphs":["para_358"]},{"title":"82","paragraphs":["para_360"]},{"title":"83","paragraphs":["para_362"]},{"title":"84","paragraphs":["para_364"]},{"title":"85","paragraphs":["para_366"]},{"title":"86","paragraphs":["para_368"]},{"title":"87","paragraphs":["para_370"]},{"title":"88","paragraphs":["para_372"]},{"title":"89","paragraphs":["para_374"]},{"title":"90","paragraphs":["para_376"]},{"title":"91","paragraphs":["para_378"]},{"title":"92","paragraphs":["para_380"]},{"title":"93","paragraphs":["para_382"]},{"title":"94","paragraphs":["para_384"]},{"title":"95","paragraphs":["para_386"]},{"title":"96","paragraphs":["para_388"]},{"title":"97","paragraphs":["para_390"]},{"title":"98","paragraphs":["para_392"]},{"title":"99","paragraphs":["para_394"]},{"title":"100","paragraphs":["para_396"]},{"title":"101","paragraphs":["para_398"]},{"title":"102","paragraphs":["para_400"]},{"title":"103","paragraphs":["para_402"]},{"title":"104","paragraphs":["para_404"]},{"title":"105","paragraphs":["para_406"]},{"title":"106","paragraphs":["para_408"]},{"title":"107","paragraphs":["para_410"]},{"title":"108","paragraphs":["para_412"]},{"title":"109","paragraphs":["para_414"]},{"title":"110","paragraphs":["para_416","para_417","para_418","para_419","para_420","para_421","para_422"]},{"title":"The third question","paragraphs":[]},{"title":"111","paragraphs":["para_425"]},{"title":"112","paragraphs":["para_427"]},{"title":"113","paragraphs":["para_429"]},{"title":"114","paragraphs":["para_431"]},{"title":"115","paragraphs":["para_433"]},{"title":"116","paragraphs":["para_435"]},{"title":"117","paragraphs":["para_437"]},{"title":"118","paragraphs":["para_439"]},{"title":"119","paragraphs":["para_441"]},{"title":"120","paragraphs":["para_443"]},{"title":"121","paragraphs":["para_445"]},{"title":"122","paragraphs":["para_447"]},{"title":"123","paragraphs":["para_449"]},{"title":"Costs","paragraphs":[]},{"title":"124","paragraphs":["para_452"]},{"title":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraphs":["para_454","para_455","para_456","para_457","para_458","para_459","para_460","para_461","para_462","para_463","para_464","para_465","para_466"]},{"title":"(\n *1\n ) Language of the case: German","paragraphs":[]}],"paragraphs":[{"text":"62021CJ0548","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Grand Chamber)","paragraph_id":"para_2"},{"text":"4 October 2024 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences – Directive (EU) 2016/680 – Article 3(2) – Concept of ‘processi …","paragraph_id":"para_4"},{"text":"In Case C‑548/21,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Landesverwaltungsgericht Tirol (Regional Administrative Court, Tyrol, Austria), made by decision of 1 September 2021, received at the Court on 6 September 2021, in the proceedings","paragraph_id":"para_6"},{"text":"CG","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Bezirkshauptmannschaft Landeck,","paragraph_id":"para_9"},{"text":"THE COURT (Grand Chamber),","paragraph_id":"para_10"},{"text":"composed of K. Lenaerts, President, L. Bay Larsen, Vice-President, K. Jürimäe, C. Lycourgos, E. Regan, T. von Danwitz, Z. Csehi and O. Spineanu-Matei, Presidents of Chambers, P.G. Xuereb (Rapporteur), I. Jarukaitis, A. Kumin, N. Jääskinen and M. Gavalec, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: M. Campos Sánchez-Bordona,","paragraph_id":"para_12"},{"text":"Registrar: C. Di Bella, Administrator,","paragraph_id":"para_13"},{"text":"having regard to the written procedure and further to the hearing on 16 January 2023,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–","paragraph_id":"para_16"},{"text":"the Austrian Government, by A. Posch, J. Schmoll, K. Ibili and E. Riedl, acting as Agents,","paragraph_id":"para_17"},{"text":"–","paragraph_id":"para_18"},{"text":"the Danish Government, by M.P.B. Jespersen, V. Pasternak Jørgensen, M. Søndahl Wolff and Y.T. Thyregod Kollberg, acting as Agents,","paragraph_id":"para_19"},{"text":"–","paragraph_id":"para_20"},{"text":"the German Government, by J. Möller and M. Hellmann, acting as Agents,","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"the Estonian Government, by M. Kriisa, acting as Agent,","paragraph_id":"para_23"},{"text":"–","paragraph_id":"para_24"},{"text":"Ireland, by M. Browne, Chief State Solicitor, A. Joyce and M. Lane, acting as Agents, and by R. Farrell, Senior Counsel, D. Fennelly, Barrister-at-Law, and D. O’Reilly, Solicitor,","paragraph_id":"para_25"},{"text":"–","paragraph_id":"para_26"},{"text":"the French Government, by R. Bénard, A. Daniel, A.‑L. Desjonquères and J. Illouz, acting as Agents,","paragraph_id":"para_27"},{"text":"–","paragraph_id":"para_28"},{"text":"the Cypriot Government, by I. Neophytou, acting as Agent,","paragraph_id":"para_29"},{"text":"–","paragraph_id":"para_30"},{"text":"the Hungarian Government, by Zs. Biró-Tóth and M.Z. Fehér, acting as Agents,","paragraph_id":"para_31"},{"text":"–","paragraph_id":"para_32"},{"text":"the Netherlands Government, by M.K. Bulterman, A. Hanje and J. Langer, acting as Agents,","paragraph_id":"para_33"},{"text":"–","paragraph_id":"para_34"},{"text":"the Polish Government, by B. Majczyna, acting as Agent,","paragraph_id":"para_35"},{"text":"–","paragraph_id":"para_36"},{"text":"the Finnish Government, by A. Laine, acting as Agent,","paragraph_id":"para_37"},{"text":"–","paragraph_id":"para_38"},{"text":"the Swedish Government, by J. Lundberg, H. Eklinder, C. Meyer-Seitz, A.M. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, acting as Agents,","paragraph_id":"para_39"},{"text":"–","paragraph_id":"para_40"},{"text":"the Norwegian Government, by F. Bergsjø, H. Busch, K. Moe Winther and P. Wennerås, acting as Agents,","paragraph_id":"para_41"},{"text":"–","paragraph_id":"para_42"},{"text":"the European Commission, by G. Braun, S.L. Kalėda, H. Kranenborg and F. Wilman, acting as Agents,","paragraph_id":"para_43"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 20 April 2023,","paragraph_id":"para_44"},{"text":"gives the following","paragraph_id":"para_45"},{"text":"Judgment","paragraph_id":"para_46"},{"text":"1","paragraph_id":"para_47"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 5 and 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 (Dir …","paragraph_id":"para_48"},{"text":"2","paragraph_id":"para_49"},{"text":"The request has been made in proceedings between CG and the Bezirkshauptmannschaft Landeck (District Administrative Authority, Landeck, Austria) concerning the seizure of CG’s mobile telephone by the police and their attempts, in the context of a narcotics trafficking investigation, to unlock that telephone in order to access the data contained therein.","paragraph_id":"para_50"},{"text":"Legal context","paragraph_id":"para_51"},{"text":"European Union law","paragraph_id":"para_52"},{"text":"Directive 2002/58","paragraph_id":"para_53"},{"text":"3","paragraph_id":"para_54"},{"text":"Article 1 of Directive 2002/58, entitled ‘Scope and aim’, provides:","paragraph_id":"para_55"},{"text":"‘1.   This Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community.","paragraph_id":"para_56"},{"text":"…","paragraph_id":"para_57"},{"text":"3.   This Directive shall not apply to activities which fall outside the scope of the [TFEU], such as those covered by Titles V and VI of the [TEU], and in any case to activities concerning public security, defence, State security (including the economic well-being of the State when the activities relate to State security matters) and the activities of the State in areas of criminal law.’","paragraph_id":"para_58"},{"text":"4","paragraph_id":"para_59"},{"text":"Article 3 of that directive, headed ‘Services concerned’, provides:","paragraph_id":"para_60"},{"text":"‘This Directive shall apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Community, including public communications networks supporting data collection and identification devices.’","paragraph_id":"para_61"},{"text":"5","paragraph_id":"para_62"},{"text":"Article 5 of that directive, entitled ‘Confidentiality of the communications’, provides in paragraph 1:","paragraph_id":"para_63"},{"text":"‘Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other …","paragraph_id":"para_64"},{"text":"6","paragraph_id":"para_65"},{"text":"Article 15 of that directive, entitled ‘Application of certain provisions of [Directive 95/46/EC]’, states, in paragraph 1:","paragraph_id":"para_66"},{"text":"‘Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democr …","paragraph_id":"para_67"},{"text":"Directive (EU) 2016/680","paragraph_id":"para_68"},{"text":"7","paragraph_id":"para_69"},{"text":"Recitals 2, 4, 7, 10, 11, 15, 26, 37, 44, 46 and 104 of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigatio …","paragraph_id":"para_70"},{"text":"‘(2)","paragraph_id":"para_71"},{"text":"The principles of, and rules on the protection of natural persons with regard to the processing of their personal data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular their right to the protection of personal data. This Directive is intended to contribute to the accomplishment of an area of freedom, security and justice.","paragraph_id":"para_72"},{"text":"…","paragraph_id":"para_73"},{"text":"(4)","paragraph_id":"para_74"},{"text":"The free flow of personal data between competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security within the Union a …","paragraph_id":"para_75"},{"text":"…","paragraph_id":"para_76"},{"text":"(7)","paragraph_id":"para_77"},{"text":"Ensuring a consistent and high level of protection of the personal data of natural persons and facilitating the exchange of personal data between competent authorities of Members States is crucial in order to ensure effective judicial cooperation in criminal matters and police cooperation. To that e …","paragraph_id":"para_78"},{"text":"…","paragraph_id":"para_79"},{"text":"(10)","paragraph_id":"para_80"},{"text":"In Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, annexed to the final act of the intergovernmental conference which adopted the Treaty of Lisbon, the conference acknowledged that specific rules on the protection …","paragraph_id":"para_81"},{"text":"(11)","paragraph_id":"para_82"},{"text":"It is therefore appropriate for those fields to be addressed by a directive that lays down the specific rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecut …","paragraph_id":"para_83"},{"text":"…","paragraph_id":"para_84"},{"text":"(15)","paragraph_id":"para_85"},{"text":"In order to ensure the same level of protection for natural persons through legally enforceable rights throughout the Union and to prevent divergences hampering the exchange of personal data between competent authorities, this Directive should provide for harmonised rules for the protection and the …","paragraph_id":"para_86"},{"text":"…","paragraph_id":"para_87"},{"text":"(26)","paragraph_id":"para_88"},{"text":"… The personal data should be adequate and relevant for the purposes for which they are processed. It should, in particular, be ensured that the personal data collected are not excessive and not kept longer than is necessary for the purpose for which they are processed. Personal data should be processed only if the purpose of the processing could not reasonably be fulfilled by other means. …","paragraph_id":"para_89"},{"text":"…","paragraph_id":"para_90"},{"text":"(37)","paragraph_id":"para_91"},{"text":"Personal data which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms. Those personal data should include personal data reveali …","paragraph_id":"para_92"},{"text":"…","paragraph_id":"para_93"},{"text":"(44)","paragraph_id":"para_94"},{"text":"Member States should be able to adopt legislative measures delaying, restricting or omitting the information to data subjects or restricting, wholly or partly, the access to their personal data to the extent that and as long as such a measure constitutes a necessary and proportionate measure in a de …","paragraph_id":"para_95"},{"text":"…","paragraph_id":"para_96"},{"text":"(46)","paragraph_id":"para_97"},{"text":"Any restriction of the rights of the data subject must comply with the Charter and with the [Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950], as interpreted in the case-law of the Court of Justice [of the European Union] and by the European Court of Human Rights respectively, and in particular respect the essence of those rights and freedoms.","paragraph_id":"para_98"},{"text":"…","paragraph_id":"para_99"},{"text":"(104)","paragraph_id":"para_100"},{"text":"This Directive respects the fundamental rights and observes the principles recognised in the Charter as enshrined in the TFEU, in particular the right to respect for private and family life, the right to the protection of personal data, the right to an effective remedy and to a fair trial. Limitatio …","paragraph_id":"para_101"},{"text":"8","paragraph_id":"para_102"},{"text":"Article 1 of Directive 2016/680, entitled ‘Subject matter and objectives’, provides, in paragraphs 1 and 2:","paragraph_id":"para_103"},{"text":"‘1.   This Directive lays down the rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.","paragraph_id":"para_104"},{"text":"2.   In accordance with this Directive, Member States shall:","paragraph_id":"para_105"},{"text":"(a)","paragraph_id":"para_106"},{"text":"protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data; and","paragraph_id":"para_107"},{"text":"(b)","paragraph_id":"para_108"},{"text":"ensure that the exchange of personal data by competent authorities within the Union, where such exchange is required by Union or Member State law, is neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.’","paragraph_id":"para_109"},{"text":"9","paragraph_id":"para_110"},{"text":"Article 2 of Directive 2016/680, entitled ‘Scope’, provides, in paragraphs 1 and 3:","paragraph_id":"para_111"},{"text":"‘1.   This Directive applies to the processing of personal data by competent authorities for the purposes set out in Article 1(1).","paragraph_id":"para_112"},{"text":"…","paragraph_id":"para_113"},{"text":"3.   This Directive does not apply to the processing of personal data:","paragraph_id":"para_114"},{"text":"(a)","paragraph_id":"para_115"},{"text":"in the course of an activity which falls outside the scope of Union law;","paragraph_id":"para_116"},{"text":"…’","paragraph_id":"para_117"},{"text":"10","paragraph_id":"para_118"},{"text":"Article 3 of Directive 2016/680, headed ‘Definitions’, states:","paragraph_id":"para_119"},{"text":"‘For the purposes of this Directive:","paragraph_id":"para_120"},{"text":"(1)","paragraph_id":"para_121"},{"text":"“personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;","paragraph_id":"para_122"},{"text":"(2)","paragraph_id":"para_123"},{"text":"“processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;","paragraph_id":"para_124"},{"text":"…","paragraph_id":"para_125"},{"text":"(7)","paragraph_id":"para_126"},{"text":"“competent authority” means:","paragraph_id":"para_127"},{"text":"(a)","paragraph_id":"para_128"},{"text":"any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; or","paragraph_id":"para_129"},{"text":"(b)","paragraph_id":"para_130"},{"text":"any other body or entity entrusted by Member State law to exercise public authority and public powers for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;","paragraph_id":"para_131"},{"text":"…’","paragraph_id":"para_132"},{"text":"11","paragraph_id":"para_133"},{"text":"Article 4 of Directive 2016/680, headed ‘Principles relating to processing of personal data’, provides, in paragraph 1:","paragraph_id":"para_134"},{"text":"‘Member States shall provide for personal data to be:","paragraph_id":"para_135"},{"text":"(a)","paragraph_id":"para_136"},{"text":"processed lawfully and fairly;","paragraph_id":"para_137"},{"text":"(b)","paragraph_id":"para_138"},{"text":"collected for specified, explicit and legitimate purposes and not processed in a manner that is incompatible with those purposes;","paragraph_id":"para_139"},{"text":"(c)","paragraph_id":"para_140"},{"text":"adequate, relevant and not excessive in relation to the purposes for which they are processed;","paragraph_id":"para_141"},{"text":"…’","paragraph_id":"para_142"},{"text":"12","paragraph_id":"para_143"},{"text":"Article 6 of Directive 2016/680, entitled ‘Distinction between different categories of data subject’, states:","paragraph_id":"para_144"},{"text":"‘Member States shall provide for the controller, where applicable and as far as possible, to make a clear distinction between personal data of different categories of data subjects, such as:","paragraph_id":"para_145"},{"text":"(a)","paragraph_id":"para_146"},{"text":"persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence;","paragraph_id":"para_147"},{"text":"(b)","paragraph_id":"para_148"},{"text":"persons convicted of a criminal offence;","paragraph_id":"para_149"},{"text":"(c)","paragraph_id":"para_150"},{"text":"victims of a criminal offence or persons with regard to whom certain facts give rise to reasons for believing that he or she could be the victim of a criminal offence; and","paragraph_id":"para_151"},{"text":"(d)","paragraph_id":"para_152"},{"text":"other parties to a criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, persons who can provide information on criminal offences, or contacts or associates of one of the persons referred to in points (a) and (b).’","paragraph_id":"para_153"},{"text":"13","paragraph_id":"para_154"},{"text":"Article 10 of that directive, entitled ‘Processing of special categories of personal data’, is worded as follows:","paragraph_id":"para_155"},{"text":"‘Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a …","paragraph_id":"para_156"},{"text":"(a)","paragraph_id":"para_157"},{"text":"where authorised by Union or Member State law;","paragraph_id":"para_158"},{"text":"(b)","paragraph_id":"para_159"},{"text":"to protect the vital interests of the data subject or of another natural person; or","paragraph_id":"para_160"},{"text":"(c)","paragraph_id":"para_161"},{"text":"where such processing relates to data which are manifestly made public by the data subject.’","paragraph_id":"para_162"},{"text":"14","paragraph_id":"para_163"},{"text":"Article 13 of Directive 2016/680, headed ‘Information to be made available or given to the data subject’, provides:","paragraph_id":"para_164"},{"text":"‘1.   Member States shall provide for the controller to make available to the data subject at least the following information:","paragraph_id":"para_165"},{"text":"(a)","paragraph_id":"para_166"},{"text":"the identity and the contact details of the controller;","paragraph_id":"para_167"},{"text":"(b)","paragraph_id":"para_168"},{"text":"the contact details of the data protection officer, where applicable;","paragraph_id":"para_169"},{"text":"(c)","paragraph_id":"para_170"},{"text":"the purposes of the processing for which the personal data are intended;","paragraph_id":"para_171"},{"text":"(d)","paragraph_id":"para_172"},{"text":"the right to lodge a complaint with a supervisory authority and the contact details of the supervisory authority;","paragraph_id":"para_173"},{"text":"(e)","paragraph_id":"para_174"},{"text":"the existence of the right to request from the controller access to and rectification or erasure of personal data and restriction of processing of the personal data concerning the data subject.","paragraph_id":"para_175"},{"text":"2.   In addition to the information referred to in paragraph 1, Member States shall provide by law for the controller to give to the data subject, in specific cases, the following further information to enable the exercise of his or her rights:","paragraph_id":"para_176"},{"text":"(a)","paragraph_id":"para_177"},{"text":"the legal basis for the processing;","paragraph_id":"para_178"},{"text":"(b)","paragraph_id":"para_179"},{"text":"the period for which the personal data will be stored, or, where that is not possible, the criteria used to determine that period;","paragraph_id":"para_180"},{"text":"(c)","paragraph_id":"para_181"},{"text":"where applicable, the categories of recipients of the personal data, including in third countries or international organisations;","paragraph_id":"para_182"},{"text":"(d)","paragraph_id":"para_183"},{"text":"where necessary, further information, in particular where the personal data are collected without the knowledge of the data subject.","paragraph_id":"para_184"},{"text":"3.   Member States may adopt legislative measures delaying, restricting or omitting the provision of the information to the data subject pursuant to paragraph 2 to the extent that, and for as long as, such a measure constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and the legitimate interests of the natural person concerned, in order to:","paragraph_id":"para_185"},{"text":"(a)","paragraph_id":"para_186"},{"text":"avoid obstructing official or legal inquiries, investigations or procedures;","paragraph_id":"para_187"},{"text":"(b)","paragraph_id":"para_188"},{"text":"avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;","paragraph_id":"para_189"},{"text":"(c)","paragraph_id":"para_190"},{"text":"protect public security;","paragraph_id":"para_191"},{"text":"(d)","paragraph_id":"para_192"},{"text":"protect national security;","paragraph_id":"para_193"},{"text":"(e)","paragraph_id":"para_194"},{"text":"protect the rights and freedoms of others.","paragraph_id":"para_195"},{"text":"…’","paragraph_id":"para_196"},{"text":"15","paragraph_id":"para_197"},{"text":"Article 54 of that directive, entitled ‘Right to an effective judicial remedy against a controller or processor’, states:","paragraph_id":"para_198"},{"text":"‘Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 52, Member States shall provide for the right of a data subject to an effective judicial remedy where he or she considers that his or h …","paragraph_id":"para_199"},{"text":"Austrian law","paragraph_id":"para_200"},{"text":"16","paragraph_id":"para_201"},{"text":"Paragraph 27(1) of the Suchtmittelgesetz (Law on Narcotics) of 5 September 1997 (BGBl. I, 112/1997), in the version applicable to the dispute in the main proceedings, provides:","paragraph_id":"para_202"},{"text":"‘Any person, who unlawfully,","paragraph_id":"para_203"},{"text":"1.","paragraph_id":"para_204"},{"text":"Buys, possesses, produces, transports, imports or exports narcotics or offers, gives or supplies narcotics to another person,","paragraph_id":"para_205"},{"text":"…","paragraph_id":"para_206"},{"text":"shall be liable to a term of imprisonment of up to a year or a fine of up to 360 daily units.","paragraph_id":"para_207"},{"text":"…’","paragraph_id":"para_208"},{"text":"17","paragraph_id":"para_209"},{"text":"Paragraph 17 of the Strafgesetzbuch (Criminal Code) of 1 January 1975 (BGBl., 60/1974), in the version applicable to the main proceedings (‘the StGB’), states:","paragraph_id":"para_210"},{"text":"‘(1)   Serious offences are acts committed with intent punishable by life imprisonment or more than three years’ imprisonment.","paragraph_id":"para_211"},{"text":"(2)   All other offences shall be minor offences.’","paragraph_id":"para_212"},{"text":"18","paragraph_id":"para_213"},{"text":"Paragraph 18 of the Strafprozessordnung (Criminal Procedure Code) of 30 December 1975 (BGBl., 631/1975), in the version applicable to the dispute in the main proceedings (‘the StPO’), provides:","paragraph_id":"para_214"},{"text":"‘(1)   The criminal investigation police is entrusted with tasks in the service of the administration of criminal justice (Paragraph 10(1)(6) of the Bundes-Verfassungsgesetz [(Federal constitutional law)]).","paragraph_id":"para_215"},{"text":"(2)   Criminal investigation police investigations fall under the responsibility of the security authorities, the organisation and territorial competence of which are governed by the provisions of the Sicherheitspolizeigesetz [(Security Police Law)] relating to the organisation of the administration of public security.","paragraph_id":"para_216"},{"text":"(3)   The bodies of the public security service (subparagraph 2 of Paragraph 5 of the Sicherheitspolizeigesetz [(Security Police Law)] perform the executive function of the criminal investigation police which consists in investigating and prosecuting criminal offences in accordance with the provisions of this Law.","paragraph_id":"para_217"},{"text":"…’","paragraph_id":"para_218"},{"text":"19","paragraph_id":"para_219"},{"text":"Paragraph 99(1) of the StPO provides:","paragraph_id":"para_220"},{"text":"‘The criminal investigation police conducts investigations on its own initiative or pursuant to a complaint; it must comply with the orders of the Public Prosecutor’s Office and of the courts (subparagraph 2 of Paragraph 105).’","paragraph_id":"para_221"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_222"},{"text":"20","paragraph_id":"para_223"},{"text":"On 23 February 2021, while carrying out a narcotics check, officers of the customs office of Innsbruck (Austria) seized a package addressed to CG containing 85 grams of cannabis. That package was sent for examination to the central police station of St. Anton am Arlberg (Austria).","paragraph_id":"para_224"},{"text":"21","paragraph_id":"para_225"},{"text":"On 6 March 2021, two police officers of that station conducted a search of CG’s residence in the course of which they questioned him regarding the consignor of that package and went through his home. During that search, the police officers asked for access to the connection data on CG’s mobile telephone. Following CG’s refusal, those police officers seized that mobile telephone, which contained a SIM card and an SD card, and gave CG the seizure report.","paragraph_id":"para_226"},{"text":"22","paragraph_id":"para_227"},{"text":"Subsequently, that mobile telephone was handed over to an expert of the Landeck District (Austria) police station with a view to unlocking it. That expert not having succeeded in unlocking the mobile telephone at issue, it was sent to the Vienna Bundeskriminalamt (Federal Office of the Criminal Investigation Police) (Austria) where a new attempt to unlock the telephone was made.","paragraph_id":"para_228"},{"text":"23","paragraph_id":"para_229"},{"text":"The seizure of CG’s mobile telephone and the subsequent attempts to make use of that telephone were carried out at the personal initiative of the police officers concerned, without the authorisation of the Public Prosecutor’s Office or a court.","paragraph_id":"para_230"},{"text":"24","paragraph_id":"para_231"},{"text":"On 31 March 2021, CG brought an action before the Landesverwaltungsgericht Tirol (Regional Administrative Court, Tyrol, Austria), the referring court, challenging the lawfulness of the seizure of his mobile telephone. That telephone was returned to CG on 20 April 2021.","paragraph_id":"para_232"},{"text":"25","paragraph_id":"para_233"},{"text":"CG was not informed promptly of the attempts to make use of his mobile telephone. He only became aware of those attempts when the police officer who seized that telephone and subsequently took the first steps to exploit its digital data was questioned as a witness in the proceedings pending before the referring court. Nor were those attempts documented in the file compiled by the criminal investigation police.","paragraph_id":"para_234"},{"text":"26","paragraph_id":"para_235"},{"text":"In the light of the foregoing, the referring court asks, in the first place, whether, in the light of paragraphs 52 to 61 of the judgment of 2 October 2018, Ministerio Fiscal ( C‑207/16 , EU:C:2018:788 ), and the case-law cited therein, Article 15(1) of Directive 2002/58, read in the light of Articl …","paragraph_id":"para_236"},{"text":"27","paragraph_id":"para_237"},{"text":"In that regard, that court states that the offence of which CG is accused in the criminal investigation at issue in the main proceedings is set out in Paragraph 27(1) of the Law on Narcotics and is punishable by a term of imprisonment of up to a year and constitutes, in the light of the classification set out in Paragraph 17 of the StGB, only a minor offence.","paragraph_id":"para_238"},{"text":"28","paragraph_id":"para_239"},{"text":"In the second place, after recalling the lessons to be drawn from paragraphs 48 to 54 of the judgment of 2 March 2021, Prokuratuur (Conditions of access to data relating to electronic communications) ( C‑746/18 , EU:C:2021:152 ), and the case-law cited therein, the referring court asks whether Artic …","paragraph_id":"para_240"},{"text":"29","paragraph_id":"para_241"},{"text":"In the third and last place, after stating that Paragraph 18 of the StPO, read in conjunction with Paragraph 99(1) thereof, does not impose any obligation on the police to document the measures for the digital exploitation of a mobile telephone, or to inform its owner of the existence of such measur …","paragraph_id":"para_242"},{"text":"30","paragraph_id":"para_243"},{"text":"In those circumstances the Landesverwaltungsgericht Tirol (Regional Administrative Court, Tyrol) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_244"},{"text":"‘(1)","paragraph_id":"para_245"},{"text":"Is Article 15(1) [of Directive 2002/58 – as the case may be, in combination with Article 5 thereof –], read in the light of Articles 7 and 8 of the [Charter], to be interpreted as meaning that [access by public authorities] to data stored on mobile telephones [constitutes an] interference with [the] …","paragraph_id":"para_246"},{"text":"(2)","paragraph_id":"para_247"},{"text":"Is Article 15(1) of Directive [2002/58], read in the light of Articles 7, 8 and 11 and Article 52(1) of the [Charter], to be interpreted as meaning that it precludes a national rule, such as that enacted in Paragraph 18 of the [StPO], read in combination with Paragraph 99(1) thereof, which allows se …","paragraph_id":"para_248"},{"text":"(3)","paragraph_id":"para_249"},{"text":"Is Article 47 of the [Charter], [as the case may be,] read in combination with Articles 41 and 52 thereof, to be interpreted, from the point of view of equality of arms and from the point of view of an effective remedy, as meaning that it precludes a national rule, such as that enacted in Paragraph …","paragraph_id":"para_250"},{"text":"Procedure before the Court","paragraph_id":"para_251"},{"text":"31","paragraph_id":"para_252"},{"text":"On 20 October 2021, the Court sent a request for information to the referring court, by which it asked it whether Directive 2016/680 might be relevant in the dispute in main proceedings and, if so, to set out for the Court the provisions of national law transposing that directive into Austrian law which may apply in the present case.","paragraph_id":"para_253"},{"text":"32","paragraph_id":"para_254"},{"text":"On 11 November 2021, the referring court replied to that request, stating, inter alia, that the requirements of that directive had to be complied with in the present case. That reply was notified, together with the order for reference, to the interested persons referred to in Article 23 of the Statute of the Court of Justice of the European Union.","paragraph_id":"para_255"},{"text":"33","paragraph_id":"para_256"},{"text":"On 8 November 2022, pursuant to Article 61 of the Rules of Procedure of the Court, the Court requested the participants in the oral part of the procedure to concentrate in their oral submissions on Directive 2016/680 and to answer, at the hearing, certain questions concerning that directive.","paragraph_id":"para_257"},{"text":"The request to have the oral procedure reopened","paragraph_id":"para_258"},{"text":"34","paragraph_id":"para_259"},{"text":"Following delivery of the Advocate General’s Opinion, by document lodged at the Court Registry on 17 May 2023, the Austrian Government submitted an application for rectification of that opinion on the ground that it presented incorrectly the position that government had expressed in both its written and oral observations and that it contained factual errors.","paragraph_id":"para_260"},{"text":"35","paragraph_id":"para_261"},{"text":"That government argues, first, that point 50 of the Advocate General’s Opinion, read in conjunction with footnote 14 thereto, suggests that, according to that government, an attempt to access the data contained in a mobile telephone, such as that at issue in the main proceedings, cannot constitute p …","paragraph_id":"para_262"},{"text":"36","paragraph_id":"para_263"},{"text":"Second, the Austrian Government submits that point 27 of the Advocate General’s Opinion is based on incorrect facts, in that it suggests that the processing attempts referred to in paragraph 22 of the present judgment were not documented in the criminal investigation police’s file. In that regard, t …","paragraph_id":"para_264"},{"text":"37","paragraph_id":"para_265"},{"text":"By decision of the President of the Court of 23 May 2023, the Austrian Government’s request for rectification of the Advocate General’s Opinion was reclassified as a request that the oral part of the procedure be reopened, within the meaning of Article 83 of the Rules of Procedure.","paragraph_id":"para_266"},{"text":"38","paragraph_id":"para_267"},{"text":"In that regard, it should be recalled, first, that the Statute of the Court of Justice of the European Union and the Rules of Procedure make no provision for the parties or the interested persons referred to in Article 23 of that statute to submit observations in response to the Advocate General’s O …","paragraph_id":"para_268"},{"text":"39","paragraph_id":"para_269"},{"text":"It is true that, in accordance with Article 83 of the Rules of Procedure, the Court may at any time, after hearing the Advocate General, order the reopening of the oral part of the procedure, in particular if it considers that it lacks sufficient information or where a party has, after the close of …","paragraph_id":"para_270"},{"text":"40","paragraph_id":"para_271"},{"text":"However, in the present case, the Court considers that it has, at the end of the written part of the procedure and the hearing held before it, all the information necessary to rule on the present request for a preliminary ruling. Moreover, the considerations put forward by the Austrian government in …","paragraph_id":"para_272"},{"text":"41","paragraph_id":"para_273"},{"text":"So far as concerns, more specifically, the factual information referred to in paragraph 36 of this judgment, it should be borne in mind that, in preliminary ruling proceedings, the Court does not have the task of establishing the alleged facts but solely that of interpreting the relevant provisions …","paragraph_id":"para_274"},{"text":"42","paragraph_id":"para_275"},{"text":"In those circumstances, the Court considers, after hearing the Advocate General, that there is no need to order that the oral part of the procedure be reopened.","paragraph_id":"para_276"},{"text":"Admissibility of the request for a preliminary ruling","paragraph_id":"para_277"},{"text":"43","paragraph_id":"para_278"},{"text":"Several of the interested parties which submitted written observations in the present proceedings contested the admissibility of the request for a preliminary ruling in its entirety or of some of the questions asked by the referring court.","paragraph_id":"para_279"},{"text":"44","paragraph_id":"para_280"},{"text":"In the first place, the Austrian, French and Swedish Governments submit that the order for reference does not satisfy the requirements laid down in Article 94 of the Rules of Procedure, on the ground that it does not contain the factual and legal material necessary to give a useful answer to that court.","paragraph_id":"para_281"},{"text":"45","paragraph_id":"para_282"},{"text":"In the second place, the Austrian Government submits, first, that, by its second and third questions, the referring court seeks, in essence, to ascertain whether the provisions of Paragraphs 18 and 99 of the StPO, read together, are consistent with EU law. Since those provisions do not lay down the …","paragraph_id":"para_283"},{"text":"46","paragraph_id":"para_284"},{"text":"As a preliminary point, it should be noted that, according to settled case-law, in the context of the cooperation between the Court and the national courts provided for in Article 267 TFEU, it is solely for the national court before which a dispute has been brought, and which must assume responsibil …","paragraph_id":"para_285"},{"text":"47","paragraph_id":"para_286"},{"text":"It follows that questions relating to EU law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the …","paragraph_id":"para_287"},{"text":"48","paragraph_id":"para_288"},{"text":"Concerning, in the first place, the argument alleging failure to comply with the requirements laid down in Article 94 of the Rules of Procedure, it should be noted that, according to settled case-law, which is now reflected in Article 94(a) and (b) of the Rules of Procedure, the need to provide an i …","paragraph_id":"para_289"},{"text":"49","paragraph_id":"para_290"},{"text":"In the present case, as regards the factual context, the referring court stated, in its request for a preliminary ruling, that the Austrian police authorities, after having seized CG’s mobile telephone in a police investigation relating to narcotics trafficking, attempted, on two occasions, to gain …","paragraph_id":"para_291"},{"text":"50","paragraph_id":"para_292"},{"text":"As regards the regulatory framework, that court stated that the national provisions which it referred to in the order for reference permitted an attempt to access data contained in a mobile telephone for the purposes of the prevention, investigation, detection and prosecution of criminal offences, w …","paragraph_id":"para_293"},{"text":"51","paragraph_id":"para_294"},{"text":"In addition, that court has set out, as is apparent from paragraphs 26 to 29 of the present judgment, the reasons which led it to submit its request for a preliminary ruling to the Court and the link which, in its view, exists between the provisions of EU law and the Charter referred to in that request and the Austrian law provisions applicable, in its opinion, to the dispute in the main proceedings.","paragraph_id":"para_295"},{"text":"52","paragraph_id":"para_296"},{"text":"The information referred to in paragraphs 49 to 51 of the present judgment thus permits the inference that the request for a preliminary ruling meets the requirements laid down in Article 94 of the Rules of Procedure.","paragraph_id":"para_297"},{"text":"53","paragraph_id":"para_298"},{"text":"In the second place, so far as concerns the arguments alleging that the provisions of Austrian law referred to in the second and third questions referred are not relevant and that the referring court should have found an infringement of that law, it should be recalled that it is not for the Court to …","paragraph_id":"para_299"},{"text":"54","paragraph_id":"para_300"},{"text":"In the present case, it is apparent from the request for a preliminary ruling and, in particular, from the wording of the questions referred, that the referring court considers, first, that those provisions of Austrian law are applicable to the dispute in the main proceedings and, second, that an at …","paragraph_id":"para_301"},{"text":"55","paragraph_id":"para_302"},{"text":"It follows that the questions referred by the referring court are admissible.","paragraph_id":"para_303"},{"text":"Substance","paragraph_id":"para_304"},{"text":"56","paragraph_id":"para_305"},{"text":"The Austrian Government claims, in its written observations, that the Court does not have jurisdiction to answer the first and second questions referred for a preliminary ruling since those questions concern the interpretation of Article 5 and Article 15(1) of Directive 2002/58, when it is clear tha …","paragraph_id":"para_306"},{"text":"57","paragraph_id":"para_307"},{"text":"In that regard, it should be recalled that the Court has held, relying in particular on Article 1(1) and (3) and Article 3 of Directive 2002/58, that, where the Member States directly implement measures that derogate from the rule that electronic communications are to be confidential, without imposi …","paragraph_id":"para_308"},{"text":"58","paragraph_id":"para_309"},{"text":"It is common ground that the dispute in the main proceedings concerns an attempt by the police directly to access personal data contained in a mobile telephone, without any intervention on the part of a provider of electronic communications services having been sought.","paragraph_id":"para_310"},{"text":"59","paragraph_id":"para_311"},{"text":"It is therefore clear that that dispute does not fall within the scope of Directive 2002/58, to which reference is made in the first and second questions referred.","paragraph_id":"para_312"},{"text":"60","paragraph_id":"para_313"},{"text":"Nevertheless, it should be recalled that, in accordance with settled case-law, under the procedure laid down by Article 267 TFEU, which provides for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to …","paragraph_id":"para_314"},{"text":"61","paragraph_id":"para_315"},{"text":"The fact that a national court has, formally speaking, worded a question referred for a preliminary ruling with reference to certain provisions of EU law does not prevent the Court from providing the national court with all the points of interpretation which may be of assistance in adjudicating on t …","paragraph_id":"para_316"},{"text":"62","paragraph_id":"para_317"},{"text":"Admittedly, in accordance with settled case-law, the information provided in the order for reference must not only be such as to enable the Court to reply usefully but must also give the governments of the Member States and other interested persons an opportunity to submit observations pursuant to A …","paragraph_id":"para_318"},{"text":"63","paragraph_id":"para_319"},{"text":"However, as is apparent from paragraphs 31 to 33 of the present judgment, in response to the Court’s request for information addressed to the referring court, the latter stated that Directive 2016/680 was applicable to the dispute in the main proceedings. The interested parties were able, in their w …","paragraph_id":"para_320"},{"text":"64","paragraph_id":"para_321"},{"text":"Consequently, the fact that the first and second questions referred for a preliminary ruling concern the interpretation of Article 5 and Article 15(1) of Directive 2002/58, and not that of Directive 2016/680, does not preclude the questions referred by the national court from being reformulated in t …","paragraph_id":"para_322"},{"text":"65","paragraph_id":"para_323"},{"text":"That conclusion is not called into question by the argument of Ireland and of the French and Norwegian Governments that an attempt to access personal data does not fall within the scope of Directive 2016/680, since that directive applies only to processing which has actually been carried out.","paragraph_id":"para_324"},{"text":"66","paragraph_id":"para_325"},{"text":"Those governments submit, in that regard, that the interpretation of the provisions of that directive is not relevant for the resolution of the dispute in the main proceedings; the same is true of the interpretation of the Charter, since it applies only in situations in which the Member States are implementing EU law.","paragraph_id":"para_326"},{"text":"67","paragraph_id":"para_327"},{"text":"However, where it is not obvious that the interpretation of an act of EU law bears no relation to the facts of the dispute in the main proceedings or its purpose, as is the case of Directive 2016/680 here, the objection alleging the inapplicability of that act to the case in the main proceedings concerns the substance of the questions raised (see, by analogy, judgment of 24 July 2023, Lin, C‑107/23 PPU , EU:C:2023:606 , paragraph  66 and the case-law cited).","paragraph_id":"para_328"},{"text":"68","paragraph_id":"para_329"},{"text":"Accordingly, it is necessary, as a preliminary point, to examine whether an attempt by the police to access the data contained in a mobile telephone falls within the material scope of that directive.","paragraph_id":"para_330"},{"text":"The application of Directive 2016/680 to an attempt to access data contained in a mobile telephone","paragraph_id":"para_331"},{"text":"69","paragraph_id":"para_332"},{"text":"Article 2(1) of Directive 2016/680 defines its material scope. According to that provision, that directive ‘applies to the processing of personal data by competent authorities for the purposes set out in Article 1(1) [thereof]’, that is to say, inter alia, ‘the prevention, investigation, detection or prosecution of criminal offences’.","paragraph_id":"para_333"},{"text":"70","paragraph_id":"para_334"},{"text":"Article 3(2) of that directive defines the concept of ‘processing’ as including ‘any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as … retrieval, consultation’ or also ‘dissemination or otherwise making available’.","paragraph_id":"para_335"},{"text":"71","paragraph_id":"para_336"},{"text":"It is thus apparent from the very wording of Article 3(2) of Directive 2016/680 and, in particular, from the use of the expressions ‘any operation’, ‘any set of operations’ and ‘otherwise making available’ that the EU legislature intended the concept of ‘processing’ to be broad in scope and, consequ …","paragraph_id":"para_337"},{"text":"72","paragraph_id":"para_338"},{"text":"Those textual elements thus argue in favour of an interpretation according to which, where the police seize a telephone and handle it with a view to extracting and consulting personal data contained therein, they begin processing within the meaning of Article 3(2) of Directive 2016/680, even if they do not, for technical reasons, succeed in accessing those data.","paragraph_id":"para_339"},{"text":"73","paragraph_id":"para_340"},{"text":"That interpretation is confirmed by the context of Article 3(2) of Directive 2016/680. Under Article 4(1)(b) of that directive, Member States are to provide that personal data are to be collected for specified, explicit and legitimate purposes and not processed in a manner that is incompatible with …","paragraph_id":"para_341"},{"text":"74","paragraph_id":"para_342"},{"text":"As regards the objectives of Directive 2016/680, that directive seeks, inter alia, as is apparent from recitals 4, 7 and 15 thereof, to ensure a high level of protection of the personal data of natural persons.","paragraph_id":"para_343"},{"text":"75","paragraph_id":"para_344"},{"text":"That objective would be undermined should it not be possible to classify an attempt to access personal data contained in a mobile telephone as ‘processing’ of that data. An interpretation of Directive 2016/680 to that effect would expose the persons concerned by such an access attempt to a significant risk that it will no longer be possible to prevent the principles established by that directive from being breached.","paragraph_id":"para_345"},{"text":"76","paragraph_id":"para_346"},{"text":"It should also be noted that such an interpretation is consistent with the principle of legal certainty, which, in accordance with the Court’s settled case-law, requires the application of rules of law to be foreseeable by those subject to them, in particular where they may have adverse consequences …","paragraph_id":"para_347"},{"text":"77","paragraph_id":"para_348"},{"text":"It follows from the foregoing that an attempt by the police to access the data contained in a mobile telephone for the purposes of a criminal investigation, such as that at issue in the main proceedings, falls, as the Advocate General stated in point 53 of his Opinion, within the scope of Directive 2016/680.","paragraph_id":"para_349"},{"text":"The first and second questions","paragraph_id":"para_350"},{"text":"78","paragraph_id":"para_351"},{"text":"The referring court expressly referred, in its first and second questions, first, to Article 15(1) of Directive 2002/58, which requires, inter alia, that the legislative measures which it allows the Member States to adopt to restrict the scope of the rights and obligations laid down in several provi …","paragraph_id":"para_352"},{"text":"79","paragraph_id":"para_353"},{"text":"Under Article 4(1)(c) of Directive 2016/680, Member States are to provide for personal data to be adequate, relevant and not excessive in relation to the purposes for which they are processed. That provision thus requires the Member States to observe the principle of ‘data minimisation’, which gives …","paragraph_id":"para_354"},{"text":"80","paragraph_id":"para_355"},{"text":"It follows that, in particular, the collection of personal data in the context of criminal proceedings and their storage by police authorities, for the purposes set out in Article 1(1) of that directive, must, like any processing falling within the scope of that directive, comply with that principle (judgment of 30 January 2024, Direktor na Glavna direktsia Natsionalna politsia pri MVR – Sofia, C‑118/22 , EU:C:2024:97 , paragraph  42 and the case-law cited).","paragraph_id":"para_356"},{"text":"81","paragraph_id":"para_357"},{"text":"Thus, it must be held that, by its first and second questions, which it is appropriate to examine together, the referring court asks, in essence, whether Article 4(1)(c) of Directive 2016/680, read in the light of Articles 7 and 8 of the Charter and Article 52(1) thereof, precludes national legal ru …","paragraph_id":"para_358"},{"text":"82","paragraph_id":"para_359"},{"text":"As a preliminary point, it should be noted that, as is apparent from recitals 2 and 4 of Directive 2016/680, while establishing a strong and coherent framework for the protection of personal data in order to ensure respect for the fundamental right of protection of natural persons with regard to the …","paragraph_id":"para_360"},{"text":"83","paragraph_id":"para_361"},{"text":"To that end, Directive 2016/680 seeks, inter alia, as has been noted in paragraph 74 of the present judgment, to ensure a high level of protection of the personal data of natural persons.","paragraph_id":"para_362"},{"text":"84","paragraph_id":"para_363"},{"text":"In that regard, it should be recalled that, as recital 104 of Directive 2016/680 highlights, the limitations which, under that directive, can be placed on the right to the protection of personal data, provided for in Article 8 of the Charter, and on the right to respect for private and family life, …","paragraph_id":"para_364"},{"text":"85","paragraph_id":"para_365"},{"text":"Those fundamental rights are not absolute rights, but must be considered in relation to their function in society and be weighed against other fundamental rights. Any limitation on the exercise of those fundamental rights must, in accordance with Article 52(1) of the Charter, be provided for by law, …","paragraph_id":"para_366"},{"text":"86","paragraph_id":"para_367"},{"text":"As regards, in the first place, the objective of general interest capable of justifying a limitation on the exercise of the fundamental rights enshrined in Articles 7 and 8 of the Charter, such as that arising from the legal rule at issue in the main proceedings, it should be noted that the processi …","paragraph_id":"para_368"},{"text":"87","paragraph_id":"para_369"},{"text":"As far as concerns, in the second place, the requirement that such a limitation be necessary, as stated, in essence, in recital 26 of Directive 2016/680, that requirement is not met where the objective of general interest pursued can reasonably be achieved just as effectively by other means less res …","paragraph_id":"para_370"},{"text":"88","paragraph_id":"para_371"},{"text":"By contrast, the requirement of necessity is met where the objective pursued by the data processing at issue cannot reasonably be achieved just as effectively by other means less restrictive of the fundamental rights of data subjects, in particular the rights to respect for private life and to the p …","paragraph_id":"para_372"},{"text":"89","paragraph_id":"para_373"},{"text":"As regards, in the third place, the proportionate nature of the limitation on the exercise of the fundamental rights guaranteed in Articles 7 and 8 of the Charter, resulting from such processing, it involves balancing all the relevant factors in the individual case (see, to that effect, judgment of 30 January 2024, Direktor na Glavna direktsia Natsionalna politsia pri MVR – Sofia, C‑118/22 , EU:C:2024:97 , paragraphs  62 and  63 and the case-law cited).","paragraph_id":"para_374"},{"text":"90","paragraph_id":"para_375"},{"text":"Such factors include, inter alia, the seriousness of the limitation thus placed on the exercise of the fundamental rights at issue, which depends on the nature and sensitivity of the data to which the competent police authorities may have access, the importance of the objective of general interest p …","paragraph_id":"para_376"},{"text":"91","paragraph_id":"para_377"},{"text":"As regards, first, the seriousness of the limitation on fundamental rights resulting from a legal rule such as that at issue in the main proceedings, it is apparent from the order for reference that that rule authorises the competent police authorities to access, without prior authorisation, the data contained in a mobile telephone.","paragraph_id":"para_378"},{"text":"92","paragraph_id":"para_379"},{"text":"Such access is liable to concern, depending on the content of the mobile telephone in question and the choices made by the police, not only traffic and location data, but also photographs and the internet browsing history on that telephone, or even a part of the content of the communications made with that telephone, in particular by consulting the messages stored therein.","paragraph_id":"para_380"},{"text":"93","paragraph_id":"para_381"},{"text":"Access to such a set of data is liable to allow very precise conclusions to be drawn concerning the private life of the data subject, such as his or her everyday habits, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of that data subject and the places he or she frequents socially.","paragraph_id":"para_382"},{"text":"94","paragraph_id":"para_383"},{"text":"Last, it cannot be ruled out that the data contained in a mobile telephone may include particularly sensitive data, such as personal data revealing racial or ethnic origin, political opinions and religious or philosophical beliefs, such sensitivity justifying the specific protection afforded to them …","paragraph_id":"para_384"},{"text":"95","paragraph_id":"para_385"},{"text":"The interference with the fundamental rights guaranteed in Articles 7 and 8 of the Charter to which the application of a rule such as that at issue in the main proceedings may give rise must therefore be regarded as serious, or even particularly serious.","paragraph_id":"para_386"},{"text":"96","paragraph_id":"para_387"},{"text":"As regards, second, the importance of the objective pursued, it should be noted that the seriousness of the offence which is the subject matter of the investigation is one of the main parameters when examining the proportionality of the serious interference which access to the personal data contained in a mobile telephone constitutes and which allow precise conclusions to be drawn concerning the private life of the data subject.","paragraph_id":"para_388"},{"text":"97","paragraph_id":"para_389"},{"text":"However, to consider that only combating serious crime may justify access to data contained in a mobile telephone would limit the investigative powers of the competent authorities, within the meaning of Directive 2016/680, in relation to criminal offences in general. This would increase the risk of …","paragraph_id":"para_390"},{"text":"98","paragraph_id":"para_391"},{"text":"That being so, those considerations are without prejudice to the requirement, arising from Article 52(1) of the Charter, that any limitation on the exercise of a fundamental right must be ‘provided for by law’, that requirement implying that the legal basis authorising such a limitation must define …","paragraph_id":"para_392"},{"text":"99","paragraph_id":"para_393"},{"text":"In order to satisfy that requirement, it is for the national legislature to define with sufficient precision the factors, in particular the nature or categories of the offences concerned, which must be taken into account.","paragraph_id":"para_394"},{"text":"100","paragraph_id":"para_395"},{"text":"As regards, third, the link that exists between the owner of the mobile telephone and the criminal offence in question and the relevance of the data in question for the purpose of establishing the facts, it is apparent from Article 6 of Directive 2016/680 that the concept of ‘data subject’ covers di …","paragraph_id":"para_396"},{"text":"101","paragraph_id":"para_397"},{"text":"In that regard, so far as concerns, in particular, access to the data contained in the mobile telephone of a person who is subject to a criminal investigation, as in the case in the main proceedings, it is important that the existence of reasonable suspicions in relation to that person – in the sens …","paragraph_id":"para_398"},{"text":"102","paragraph_id":"para_399"},{"text":"It is essential – in particular in order to ensure that the principle of proportionality is observed in each specific case by balancing all the relevant factors – that, where access to personal data by the competent national authorities carries the risk of serious, or even particularly serious, interference with the fundamental rights of the data subject, that access be subject to a prior review carried out either by a court or by an independent administrative body.","paragraph_id":"para_400"},{"text":"103","paragraph_id":"para_401"},{"text":"That prior review requires that the court or independent administrative body entrusted with carrying it out must have all the powers and provide all the guarantees necessary in order to reconcile the various legitimate interests and rights at issue. As regards a criminal investigation in particular, …","paragraph_id":"para_402"},{"text":"104","paragraph_id":"para_403"},{"text":"That independent review, in a situation such as that referred to in paragraph 102 of the present judgment, must take place prior to any attempt to access the data concerned, except in cases of duly justified urgency, in which case that review must take place within a short time. A subsequent review would not enable the objective of a prior review, consisting in preventing the authorisation of access to the data in question that exceeds what is strictly necessary, to be met.","paragraph_id":"para_404"},{"text":"105","paragraph_id":"para_405"},{"text":"In particular, the court or independent administrative body, acting in the context of a prior review carried out following a reasoned request for access falling within the scope of Directive 2016/680, must be entitled to refuse or restrict that access where it finds that the interference with fundamental rights which that access would constitute would be disproportionate in the light of all the relevant factors.","paragraph_id":"para_406"},{"text":"106","paragraph_id":"para_407"},{"text":"A refusal to authorise the competent police authorities to access the data contained in a mobile telephone, or a restriction on that access, is therefore necessary if, taking into account the seriousness of the offence and the needs of the investigation, access to the content of the communications or to sensitive data does not appear to be justified.","paragraph_id":"para_408"},{"text":"107","paragraph_id":"para_409"},{"text":"As regards, in particular, the processing of sensitive data, account must be taken of the requirements laid down in Article 10 of Directive 2016/680, the purpose of which is to ensure enhanced protection with regard to that processing which is liable, as is apparent from recital 37 of that directive …","paragraph_id":"para_410"},{"text":"108","paragraph_id":"para_411"},{"text":"Thus, first, the use of the adverb ‘only’ before the words ‘where strictly necessary’ underlines that the processing of special categories of data, within the meaning of Article 10 of Directive 2016/680, will be capable of being regarded as necessary solely in a limited number of cases. Second, the …","paragraph_id":"para_412"},{"text":"109","paragraph_id":"para_413"},{"text":"In the present case, the referring court states that, in the course of criminal investigation proceedings, the Austrian police are authorised to access data contained in a mobile telephone. In addition, it states that such access is not, in principle, subject to the prior authorisation of a court or …","paragraph_id":"para_414"},{"text":"110","paragraph_id":"para_415"},{"text":"It follows from the foregoing that the answer to the first and second questions is that Article 4(1)(c) of Directive 2016/680, read in the light of Articles 7 and 8 and Article 52(1) of the Charter, must be interpreted as not precluding national legal rules which afford the competent authorities the …","paragraph_id":"para_416"},{"text":"–","paragraph_id":"para_417"},{"text":"define with sufficient precision the nature or categories of offences concerned,","paragraph_id":"para_418"},{"text":"–","paragraph_id":"para_419"},{"text":"ensure respect for the principle of proportionality, and","paragraph_id":"para_420"},{"text":"–","paragraph_id":"para_421"},{"text":"make reliance on that possibility, except in duly justified cases of urgency, subject to prior review by a judge or an independent administrative body.","paragraph_id":"para_422"},{"text":"The third question","paragraph_id":"para_423"},{"text":"111","paragraph_id":"para_424"},{"text":"It is apparent from the order for reference that, by its third question, the referring court seeks, in essence, to determine whether CG should have been informed of the attempts to access the data contained in his mobile telephone in order to be able to exercise his right to an effective remedy guaranteed in Article 47 of the Charter.","paragraph_id":"para_425"},{"text":"112","paragraph_id":"para_426"},{"text":"In that regard, the relevant provisions of Directive 2016/680 are, first, Article 13 of that directive, entitled ‘Information to be made available or given to the data subject’, and, second, Article 54 of that directive, entitled ‘Right to an effective judicial remedy against a controller or processor’.","paragraph_id":"para_427"},{"text":"113","paragraph_id":"para_428"},{"text":"It must also be borne in mind that, as recital 104 of Directive 2016/680 highlights, the limitations imposed by that directive on the right to an effective remedy and to a fair trial, protected by Article 47 of the Charter, must be interpreted in accordance with the requirements of Article 52(1) thereof, which include respect for the principle of proportionality.","paragraph_id":"para_429"},{"text":"114","paragraph_id":"para_430"},{"text":"It must therefore be held that, by its third question, the referring court asks, in essence, whether Articles 13 and 54 of Directive 2016/680, read in the light of Article 47 and Article 52(1) of the Charter, must be interpreted as precluding national legal rules which authorise the competent authorities in criminal matters to attempt to access data contained in a mobile telephone without informing the data subject.","paragraph_id":"para_431"},{"text":"115","paragraph_id":"para_432"},{"text":"It follows from Article 13(2)(d) of Directive 2016/680 that, in addition to the information referred to in paragraph 1, such as the identity of the controller, the purpose of that processing and the right to lodge a complaint with a supervisory authority which must be made available to the data subj …","paragraph_id":"para_433"},{"text":"116","paragraph_id":"para_434"},{"text":"However, Article 13(3)(a) and (b) of Directive 2016/680 allows the national legislature to restrict the provision of information to the data subject pursuant to paragraph 2, or to omit to provide that information ‘to the extent that, and for as long as, such a measure constitutes a necessary and pro …","paragraph_id":"para_435"},{"text":"117","paragraph_id":"para_436"},{"text":"Last, it should be noted that Article 54 of Directive 2016/680, which gives expression to Article 47 of the Charter, requires Member States to provide that, where a person considers that his or her rights laid down in the provisions adopted pursuant to that directive have been infringed as a result of the processing of his or her personal data in breach of those provisions, that person has the right to an effective judicial remedy.","paragraph_id":"para_437"},{"text":"118","paragraph_id":"para_438"},{"text":"It is apparent from the case-law that the right to an effective judicial remedy, guaranteed in Article 47 of the Charter, requires, in principle, that the person concerned must be able to ascertain the reasons on which the decision taken in relation to him or her is based, so as to make it possible …","paragraph_id":"para_439"},{"text":"119","paragraph_id":"para_440"},{"text":"Although that right is not an absolute right and, in accordance with Article 52(1) of the Charter, limitations may be placed upon it, that is on condition that those limitations are provided for by law, they respect the essence of the rights and freedoms at issue and, in compliance with the principl …","paragraph_id":"para_441"},{"text":"120","paragraph_id":"para_442"},{"text":"Therefore, it follows from the provisions cited in paragraphs 115 to 119 above that it is for the competent national authorities which have been authorised by a court or an independent administrative body to access the data stored to inform the data subjects, within the framework of the applicable n …","paragraph_id":"para_443"},{"text":"121","paragraph_id":"para_444"},{"text":"By contrast, national legal rules which exclude as a general rule any right to obtain such information are not consistent with EU law (see, to that effect, judgment of 17 November 2022, Spetsializirana prokuratura (Retention of traffic and location data), C‑350/21 , EU:C:2022:896 , paragraph  71 ).","paragraph_id":"para_445"},{"text":"122","paragraph_id":"para_446"},{"text":"In the present case, it is apparent from the order for reference that CG knew that his mobile telephone had been seized when the Austrian police attempted in vain to unlock it in order to access the data contained therein. In those circumstances, it does not appear that informing CG of the fact that those authorities were going to attempt to access those data was liable to prejudice the investigations; accordingly, he should have been informed of those attempts beforehand.","paragraph_id":"para_447"},{"text":"123","paragraph_id":"para_448"},{"text":"It follows from the foregoing that the answer to the third question is that Articles 13 and 54 of Directive 2016/680, read in the light of Article 47 and Article 52(1) of the Charter, must be interpreted as precluding national legal rules which authorise the competent authorities to attempt to acces …","paragraph_id":"para_449"},{"text":"Costs","paragraph_id":"para_450"},{"text":"124","paragraph_id":"para_451"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_452"},{"text":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraph_id":"para_453"},{"text":"1.","paragraph_id":"para_454"},{"text":"Articles 4(1)(c) of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of crimi …","paragraph_id":"para_455"},{"text":"must be interpreted as not precluding national legal rules which afford the competent authorities the possibility to access data contained in a mobile telephone for the purposes of the prevention, investigation, detection and prosecution of criminal offences in general, provided those rules:","paragraph_id":"para_456"},{"text":"–","paragraph_id":"para_457"},{"text":"define with sufficient precision the nature or categories of offences concerned,","paragraph_id":"para_458"},{"text":"–","paragraph_id":"para_459"},{"text":"ensure respect for the principle of proportionality, and","paragraph_id":"para_460"},{"text":"–","paragraph_id":"para_461"},{"text":"make reliance on that possibility, except in duly justified cases of urgency, subject to prior review by a judge or an independent administrative body.","paragraph_id":"para_462"},{"text":"2.","paragraph_id":"para_463"},{"text":"Articles 13 and 54 of Directive 2016/680, read in the light of Article 47 and Article 52(1) of the Charter of Fundamental Rights,","paragraph_id":"para_464"},{"text":"must be interpreted as precluding national legal rules which authorise the competent authorities to attempt to access data contained in a mobile telephone without informing the data subject, within the framework of the applicable national procedural rules, of the grounds on which the authorisation t …","paragraph_id":"para_465"},{"text":"[Signatures]","paragraph_id":"para_466"},{"text":"(\n *1\n ) Language of the case: German","paragraph_id":"para_467"}],"word_count":14197,"cites":["C-207/16","C-746/18","C-336/22","C-158/21","C-753/22","C-107/23","C-333/21","C-287/22","C-623/17","C-511/18","C-512/18","C-520/18","C-742/19","C-352/22","C-267/20","C-680/21","C-175/20","C-205/21","C-148/23","C-118/22","C-658/19","C-204/21","C-333/22","C-350/21"],"sha256":"bdbca5c24403875167715461b15089126d24123ae5bacebee4a70f69bef97ff9","source_url":"https://publications.europa.eu/resource/celex/62021CJ0548.ENG.xhtml.ECR_62021CJ0548_EN_01.html","fetched_at":"2026-09-30T04:52:12.932+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-548-21-62021cj0548","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-548-21-62021cj0548","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-548-21-62021cj0548","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-548-21-62021cj0548","verification":{"stored_sha256":"bdbca5c24403875167715461b15089126d24123ae5bacebee4a70f69bef97ff9","recomputed_sha256":"bdbca5c24403875167715461b15089126d24123ae5bacebee4a70f69bef97ff9","intact":true,"checked_at":"2026-10-27T05:05:01.132Z"},"verification_scope":{"stored_hash_is_source_verification":false,"official_source_comparison":"not_performed","legal_review":"not_assessed"}},"hash":"sha256:ac5223999969e5da8be4ea9f045f4841ef9bd740838e701ab6a315e7a2cd7aa7","version":"legal-2026-10-27","expires":"2026-10-28T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-27+legal-2026-10-27+2026-10-27T04:05:12","content_hash":"sha256:ac5223999969e5da8be4ea9f045f4841ef9bd740838e701ab6a315e7a2cd7aa7","revalidate_after":"2026-10-27T06:05:01.481Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-548-21-62021cj0548","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-548-21-62021cj0548"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-548-21-62021cj0548"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-548-21-62021cj0548"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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