top of page

One purpose to rule them all: CJEU decision limits law enforcement use of personal data




On September 7, 2023, the Court of Justice of the European Union (CJEU) issued a judgment in Case C-162/22. The case concerned the use of data collected by law enforcement and the purpose for which it can be used. The CJEU's decision clarifies the purpose for which data collected by law enforcement can be used.


Facts

The facts of the case are as follows: In order to investigate a particular crime, law enforcement officials in a Member State gathered information on an individual. Even though the individual was not charged with a crime, law enforcement retained the information. The individual objected to the continued retention of the data, asserting that doing so violated their right to privacy under EU law.


Issue

The primary legal issue in the case was whether, or not, law enforcement agencies could retain the data for purposes other than those for which it was originally collected.


Decision

The CJEU held that law enforcement agencies can only use data collected for a specific purpose for that purpose alone. The court stated that "the retention of personal data for a purpose other than that for which it was collected is incompatible with the fundamental right to respect for private life"

The court also ruled that data can only be used by law enforcement for a different purpose if the subject has given their consent and if the information is pertinent to the second inquiry.


Analysis

The CJEU's decision in Case C-162/22 is significant because it clarifies the purpose for which data collected by law enforcement can be used. The court's decision is consistent with the EU's General Data Protection Regulation (GDPR), which requires that personal data be collected for specified, explicit, and legitimate purposes and not be further processed in a manner that is incompatible with those purposes

The court's decision is also consistent with the EU's Charter of Fundamental Rights, which protects the right to respect for private life

The court's decision recognizes that the retention of personal data for a purpose other than that for which it was collected can be a violation of this right. The court's decision is likely to have significant implications for law enforcement agencies across the European Union. It means that law enforcement agencies will need to be more careful about how they collect and use personal data. They will need to ensure that data is collected for a specific purpose and that it is not used for any other purpose without the individual's consent.


Future implications

The CJEU's decision in Case C-162/22 clarifies the purpose for which data collected by law enforcement can be used. The court's decision is consistent with EU law and recognizes the importance of protecting the right to respect for private life. The decision is likely to have significant implications for law enforcement agencies across the European Union, who will need to be more careful about how they collect and use personal data.

20 views

Kommentare


bottom of page