–
the German Government, initially by M. Hellmann, R. Kanitz, D. Klebs and T. Henze, and
subsequently by J. Möller, M. Hellmann, R. Kanitz and D. Klebs, acting as Agents,
–
the Estonian Government, by A. Kalbus, acting as Agent,
–
Ireland, by M. Browne, G. Hodge and A. Joyce, acting as Agents, and by D. Fennelly, Barrister,
–
the Spanish Government, initially by L. Aguilera Ruiz and M.J. García-Valdecasas Dorrego, and
subsequently by L. Aguilera Ruiz, acting as Agents,
–
the French Government, initially by E. de Moustier, E. Armoët, A.-L. Desjonquères, F. Alabrune,
D. Colas and D. Dubois, and subsequently by E. de Moustier, E. Armoët, A.-L. Desjonquères,
F. Alabrune and D. Dubois, acting as Agents,
–
the Cypriot Government, by E. Symeonidou and E. Neofytou, acting as Agents,
–
the Latvian Government, initially by V. Soņeca and I. Kucina, and subsequently by V. Soņeca,
acting as Agents,
–
the Hungarian Government, initially by G. Koós, M.Z. Fehér, G. Tornyai and Z. Wagner, and
subsequently by G. Koós and M.Z. Fehér, acting as Agents,
–
the Netherlands Government, by C.S. Schillemans and M.K. Bulterman, acting as Agents,
–
the Polish Government, by B. Majczyna, J. Sawicka and M. Pawlicka, acting as Agents,
–
the Portuguese Government, by L. Inez Fernandes, M. Figueiredo and F. Aragão Homem, acting
as Agents,
–
the Swedish Government, initially by A. Falk, H. Shev, C. Meyer-Seitz, L. Zettergren and
A. Alriksson, and subsequently by H. Shev, C. Meyer-Seitz, L. Zettergren and A. Alriksson,
acting as Agents,
–
the Norwegian Government, by T.B. Leming, M. Emberland and J. Vangsnes, acting as Agents,
–
the European Commission, initially by H. Kranenborg, M. Wasmeier, D. Nardi and P. Costa de
Oliveira, and subsequently by H. Kranenborg, M. Wasmeier, and D. Nardi, acting as Agents,
–
the European Data Protection Supervisor, by T. Zerdick and A. Buchta, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 15 January 2020,
gives the following
Judgment
1
This request for a preliminary ruling concerns the interpretation of Article 1(3) and Article 15(1) of
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
(Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37), as amended by Directive
2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ 2009 L 337,
p. 11) (‘Directive 2002/58’), read in the light of Article 4(2) TEU and Articles 7 and 8 and
Article 52(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’).
2
The request has been made in proceedings between Privacy International and the Secretary of State for
Foreign and Commonwealth Affairs (United Kingdom), the Secretary of State for the Home
Department (United Kingdom), Government Communications Headquarters (United Kingdom)
(‘GCHQ’), the Security Service (United Kingdom) (‘MI5’) and the Secret Intelligence Service (United