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Document 62022CN0241
Case C-241/22: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 April 2022 — Criminal proceedings against DX
Case C-241/22: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 April 2022 — Criminal proceedings against DX
Case C-241/22: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 April 2022 — Criminal proceedings against DX
OJ C 276, 18.7.2022, p. 3–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
18.7.2022 |
EN |
Official Journal of the European Union |
C 276/3 |
Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 April 2022 — Criminal proceedings against DX
(Case C-241/22)
(2022/C 276/04)
Language of the case: Dutch
Referring court
Hoge Raad der Nederlanden
Party to the main proceedings
DX
Questions referred
1. |
Do legislative measures which relate to granting public authorities access to traffic and location data (including identification data) in connection with the prevention, investigation, detection and prosecution of criminal offences fall within the scope of Directive 2002/58/EC (1) if they concern the granting of access to data which are not retained on the grounds of legislative measures within the meaning of Article 15(1) of Directive 2002/58/EC, but which are retained by the provider on some other ground? |
2. |
|
3. |
Can granting public authorities access to traffic and location data (other than mere identification data) for the purpose of the prevention, investigation, detection and prosecution of criminal offences be permissible under Directive 2002/58/EC if no serious criminal offences or serious crime are involved, that is to say, if in the specific case the granting of access to such data — in so far as may be assumed — causes only a minor interference with, in particular, the right to the protection of the private life of the user as referred to in Article 2(b) of Directive 2002/58/EC? |
(1) 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 (OJ 2002 L 201, p. 37).
(2) Cases C-203/15 (Tele2 Sverige), C-698/15 (Watson and Others), C-511/18, C-512/18 and C-520/18 (La Quadrature du Net and Others), C-207/16 (Ministerio Fiscal) and C-746/18 (Prokuratuur).