Granting access to basic electronic communications metadata does not entail a sufficiently serious interference with fundamental rights to be limited to criminal cases concerning serious offences.(C-207/16_ AG EU_)

On 3 May 2018, Advocate General Saugmandsgaard ØE issued an opinion in the case C‑207/16, Ministerio Fiscal, concerning the access to data retained by the telephone operators for the purposes of a criminal investigation.

According to this opinion: “(…) a measure allowing the competent national authorities to have access, for purposes associated with combating criminal offences, to the identification data of users of telephone numbers activated from a specific mobile telephone during a limited period (…) entails an interference with the fundamental rights (…) which does not attain a sufficient level of seriousness for such access to be confined to cases in which the offence concerned is of a serious nature”.

It remains to be seen whether the Court of Justice will follow this opinion.

Please click here to read this opinion: http://curia.europa.eu/juris/document/document.jsf?text=&docid=201707&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=424296