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Document 62019CN0793
Case C-793/19: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 October 2019 — Federal Republic of Germany v SpaceNet AG
Case C-793/19: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 October 2019 — Federal Republic of Germany v SpaceNet AG
Case C-793/19: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 October 2019 — Federal Republic of Germany v SpaceNet AG
OJ C 45, 10.2.2020, p. 16–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
10.2.2020 |
EN |
Official Journal of the European Union |
C 45/16 |
Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 October 2019 — Federal Republic of Germany v SpaceNet AG
(Case C-793/19)
(2020/C 45/15)
Language of the case: German
Referring court
Bundesverwaltungsgericht
Parties to the main proceedings
Appellant in the appeal on a point of law: Federal Republic of Germany
Respondent in the appeal on a point of law: SpaceNet AG
Question referred
In the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union, on the one hand, and of Article 6 of the Charter of Fundamental Rights of the European Union (1) and Article 4 of the Treaty on European Union, on the other hand, is Article 15 of Directive 2002/58/EC (2) to be interpreted as precluding national legislation which obliges providers of publicly available electronic communications services to retain traffic and location data of end users of those services where
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that obligation does not require a specific reason in terms of location, time or region, |
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the following data are the subject of the storage obligation in the provision of publicly available telephone services — including the transmission of short messages, multimedia messages or similar messages and unanswered or unsuccessful calls:
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the following data are the subject of the storage obligation in the provision of publicly available internet access services:
|
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the following data must not be stored:
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the retention period is four weeks for location data, that is to say, the designation of the cell used, and ten weeks for the other data, |
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effective protection of retained data against risks of misuse and against any unlawful access to that data is ensured, and |
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the retained data may be used only to prosecute particularly serious criminal offences and to prevent a specific threat to life and limb or a person’s freedom or to the continued existence of the Federal Republic or of a Federal Land, with the exception of the Internet Protocol address allocated to a subscriber for internet use, the use of which data is permissible in the context of the provision of inventory data information for the prosecution of any criminal offence, maintaining public order and security and carrying out the tasks of the intelligence services? |
(2) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37), last amended by Directive 2009/136/EC (OJ 2009 L 337, p. 11).