According to the Court of Justice of the European Union criminal offences that are not particularly serious may justify access to personal data retained by providers of electronic communications services provided that that access does not constitute a serious infringement of privacy.

The case: in the context of an investigation into the robbery of a wallet and mobile telephone, Spanish police requested access to data identifying the users of telephone numbers activated with the stolen telephone during a period of 12 days as from the date of the robbery.

#ECJ: criminal offences that are not particularly serious may justify access to personal data retained by providers of electronic communications services provided that that access does not constitute a serious infringement of privacy https://t.co/BXuldkaxWx

— EU Court of Justice (@EUCourtPress) 2 oktober 2018

More information:

• Press release of the Court of Justice of the European Union of 2 October 2018
• Judgement of 2 October 2018

Addition 5 October 2018
On 4 October Lorna Woods published her article “Mobile phone theft and EU eprivacy law: the CJEU clarifies police powers” on EU Law Analyses.