In its judgment in Case C-548/21, CG v. Bezirkshauptmannschaft Landeck, the Court of Justice of the European Union (CJEU) examined the delicate balance between the protection of personal data and the necessity of effective criminal prosecution within the context of police investigations.

The case concerned the seizure of the defendant’s mobile phone and the attempt to access its stored data without prior authorization from a judicial or independent administrative authority, within the framework of an investigation into a violation of narcotics legislation.

Specifically, following the defendant’s arrest and the seizure of his phone, law enforcement authorities sought to access connection data, communications, and personal files stored on the device. Upon failing to access the data, the device was transferred to the Federal Criminal Police Office.

The authorities had not obtained prior authorization from a judicial or independent administrative body, and the defendant was informed of these measures for the first time during the proceedings before the Landesverwaltungsgericht Tirol, leading him to challenge the lawfulness of the seizure and the attempted access to his personal data.

The CJEU emphasized that such intrusions into personal data must strictly comply with the principles of legality, necessity, and proportionality, as required by Directive 2016/680 and the Charter of Fundamental Rights of the European Union. It thus held that access is permitted only within the framework of investigations into serious criminal offences that significantly endanger public security.

Furthermore, the Court stressed the importance of informing the data subject either before the interference occurs or, at the latest, immediately thereafter, so that the individual may effectively exercise their rights; otherwise, the principle of equality of arms and the right to effective judicial protection are violated.

In conclusion, the CJEU’s judgment in Case C-548/21 confirms that, within a rule of law system, the protection of privacy and fundamental rights is not a luxury but a cornerstone of the legitimacy of state action.

To access the full judgment, please follow the link: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62021CJ0548