CRIMINAL PROCEEDINGS LIMITS ON THE USE OF PERSONAL DATA

#10Criminal proceedings and limits on the use of personal data

In Case C-T46/18 (HK v Prokuratuur), the Court of Justice of the EU stated that, although traffic and location data, which allow accurate conclusions to be drawn about private life, can be used in criminal proceedings, this can only be done in the combat serious crime or prevent serious threats to public security.

The whole process began with theft, unauthorized use of a foreign ATM card and violence in Estonia. H.K., convicted, was sentenced to two years' imprisonment for the above-mentioned criminal offenses. Following confirmation of this judgment by the Court of Appeal, the Supreme Court of Estonia asked whether law enforcement and lower courts were permitted to use information collected from personal data obtained in the course of providing electronic communications services from their provider.

Regarding this issue, the Court recalled its earlier ruling, stating that the Directive of the European Parliament and of the Council on privacy and electronic communications (2002/58 /EC) prevents States from taking measures requiring providers of electronic communications services to have preventive and universal retention, data transmission and location data without distinction.

For the purposes of that decision, only as regards to:

1. combating serious crime, or
2. preventing serious threats to public security,

public authorities should be entitled to obtain and use access to data on the private lives of the persons concerned, without prejudice to other reasons and factors, such as only the necessary length of processing of such data.