ECJ: National law enforcement authorities may access individuals’ personal information held by telecoms companies

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Europe’s highest court ruled today that national law enforcement authorities may access individuals’ personal information held by telecoms companies if such data-gathering does not seriously infringe their privacy rights.

In a ruling at the European Court of Justice, the judges said that while people’s fundamental privacy rights must be upheld, the need to access basic information, such as a person’s address and phone number, stored with mobile phone carriers to help investigate and prosecute in minor criminal offenses was justifiable.

The decision comes as the Luxembourg court is at the center of several privacy disputes, including efforts by French authorities to extend the so-called ‘Right to be Forgotten” worldwide and upcoming hearings related to the legality of the EU-U.S. Privacy Shield.

“Access to only the data referred to in the request at issue in the main proceedings cannot be defined as ‘serious’ interference with the fundamental rights of the persons whose data is concerned, as those data do not allow precise conclusions to be drawn in respect of their private lives,” the court said in a statement.

The decision comes as the Luxembourg court is at the center of several privacy disputes, including efforts by French authorities to extend the so-called ‘Right to be Forgotten” worldwide and upcoming hearings related to the legality of the EU-U.S. Privacy Shield.

“Access to only the data referred to in the request at issue in the main proceedings cannot be defined as ‘serious’ interference with the fundamental rights of the persons whose data is concerned, as those data do not allow precise conclusions to be drawn in respect of their private lives,” the court said in a statement.

Politico

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