The EU Court of Justice rules on the access to external communication records and the possibility of using such data as evidence during criminal proceedings (Prokuratuur)

On March 2, 2021, the Court of Justice of the European Union (“CJEU”) ruled on (i) the criteria for establishing the lawfulness of public authorities accessing external communication records (“ECR”) stored by electronic service providers to carry out criminal investigations; and (ii) the possibility of using such data as evidence during a criminal proceeding (decision No. C‑746/18 H.K./Prokuratuur). [1] One of the most important principles established by the CJEU related to the essentiality of review prior to the public authority accessing ECR, to be carried out by a court or by an independent body. This

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Authors

  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Milan)

Quotation

Gaia Accetta, Ilaria Curti, The EU Court of Justice rules on the access to external communication records and the possibility of using such data as evidence during criminal proceedings (Prokuratuur), 2 March 2021, e-Competitions March 2021, Art. N° 102210

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