JUDGMENT OF THE COURT (Grand Chamber)
6 October 2020 (*)
(Reference for a preliminary ruling – Processing of personal data in the electronic communications
sector – Providers of electronic communications services – General and indiscriminate transmission of
traffic data and location data – Safeguarding of national security – Directive 2002/58/EC – Scope –
Article 1(3) and Article 3 – Confidentiality of electronic communications – Protection – Article 5 and
Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and
Article 52(1) – Article 4(2) TEU)
In Case C‑623/17,
REQUEST for a preliminary ruling under Article 267 TFEU from the Investigatory Powers Tribunal
(United Kingdom), made by decision of 18 October 2017, received at the Court on 31 October 2017, in
the proceedings
Privacy International
v
Secretary of State for Foreign and Commonwealth Affairs,
Secretary of State for the Home Department,
Government Communications Headquarters,
Security Service,
Secret Intelligence Service,
THE COURT (Grand Chamber),
composed of K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, J.-C. Bonichot,
A. Arabadjiev, A. Prechal, M. Safjan, P.G. Xuereb and L.S. Rossi, Presidents of Chambers,
J. Malenovský, L. Bay Larsen, T. von Danwitz (Rapporteur), C. Toader, K. Jürimäe, C. Lycourgos and
N. Piçarra, Judges,
Advocate General: M. Campos Sánchez-Bordona,
Registrar: C. Strömholm, Administrator,
having regard to the written procedure and further to the hearing on 9 and 10 September 2019,
after considering the observations submitted on behalf of:
–
Privacy International, by B. Jaffey QC and T. de la Mare QC, by D. Cashman, Solicitor, and by
H. Roy, avocat,
–
the United Kingdom Government, by Z. Lavery, D. Guðmundsdóttir and S. Brandon, acting as
Agents, by G. Facenna QC and D. Beard QC, and by C. Knight and R. Palmer, Barristers,
–
the Belgian Government, by P. Cottin and J.-C. Halleux, acting as Agents, and by J. Vanpraet,
advocaat, and E. de Lophem, avocat,
–
the Czech Government, by M. Smolek, J. Vláčil and O. Serdula, acting as Agents,