Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-03/cp210029en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 29/21

Luxembourg, 2 March 2021

Judgment in Case C-746/18 H. K. v Prokuratuur

Access, for purposes in the criminal field, to a set of traffic or location data in respect of electronic communications, allowing precise conclusions to be drawn concerning a person’s private life, is permitted only in order to combat serious crime or prevent serious threats to public security In addition, EU law precludes national legislation that confers upon the public prosecutor’s office the power to authorise access of a public authority to such data for the purpose of conducting a criminal investigation Criminal proceedings were brought in Estonia against H. K. on counts of theft, use of another person’s bank card and violence against persons party to court proceedings. A court of first instance convicted H. K. of those offences and imposed a custodial sentence of two years. That judgment was then upheld on appeal. 

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