Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/06/2020

Subject: The Court affirmed that national legislation enabling a State authority to require providers of electronic communications services to forward traffic data and location data to the security and intelligence agencies for the purpose of safeguarding national security falls within the scope of Directive 2002/58/EC, concerning the processing of personal data and the protection of privacy in the electronic communications sector. Directive 2002/58, read in the light of Article 4(2) TEU and Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union, precludes national legislation enabling a State authority to require providers of electronic communications services to carry out the general and indiscriminate transmission of traffic data and location data to the security and intelligence agencies for the purpose of safeguarding national security

Parties: Privacy International

Classification: Freedoms - Art. 7 Privacy - Communications - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Art. 11 Freedom of expression

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