October 4, 2024 DataBy DICOPO

Preliminary Ruling on the power of public authorities to process data stored on mobile telephones

The Court of Justice has delivered its decision on the preliminary ruling request submitted by an Austrian court concerning the compatibility of a decision of the Austrian police with EU law. More in detail, the Austrian police had seized the mobile telephone of an individual who had received a parcel containing 85 grams of cannabis. Despite not having authorization from the Public Prosecutor’s Office, the police attempted to access the data contained in the mobile device. The Austrian court notes that, under Austrian law, such an offence constitutes a minor one. Consequently, the court asked the Court of Justice whether the decision of the Austrian police to process data stored on mobile phones to investigate a minor offence constitutes a violation of the right to privacy and data protection. The Court of Justice confirmed that the access by public authorities to personal data stored on a mobile device may constitute a serious interference with the fundamental rights of the data subject. However, it refuses the argument that such an interference may be justified solely in relation to serious offences, for fear of an increased risk of impunity. Instead, the Court found that such access to data stored on personal devices must be provided for by law in a sufficiently precise manner and it must be subject to prior review by the competent authorities. Finally, the data subject must be informed of the grounds for the authorization of the access to such data.