
ECtHR ruling in Ships Waste Oil Collector B.V. and Others v. the Netherlands on data transfer to competition authority
The European Court of Human Rights (ECtHR9 found that the transfer of lawfully obtained phone-tap data from criminal investigations to the Netherlands Competition Authority did not violate Article 8 (right to respect for correspondence) or Article 13 (right to an effective remedy) of the European Convention on Human Rights.
In particular, several Dutch companies that were investigated for price-fixing challenged the legality of the data transfer between Dutch law enforcement authorities and the Netherlands Competition authority.
The Grand Chamber found no violation of Article 8 holding that the Dutch legal framework provided adequate procedural safeguards to prevent arbitrary or abusive data transfers. Similarly, the Court found no violation of Article 13, ruling that the companies had access to effective remedies to challenge the data transfer.