1.
Article 1(3), Article 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), as amended by Directive 2009/136/EC of the European
Parliament and of the Council of 25 November 2009, read in the light of Article 4(2) TEU,
must be interpreted as meaning that national legislation enabling a State authority to
require providers of electronic communications services to forward traffic data and
location data to the security and intelligence agencies for the purpose of safeguarding
national security falls within the scope of that directive.
2.
Article 15(1) of Directive 2002/58, as amended by Directive 2009/136, read in the light of
Article 4(2) TEU and Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental
Rights of the European Union, must be interpreted as precluding national legislation
enabling a State authority to require providers of electronic communications services to
carry out the general and indiscriminate transmission of traffic data and location data to
the security and intelligence agencies for the purpose of safeguarding national security.
Lenaerts
Arabadjiev
Xuereb
Bay Larsen
Jürimäe
Silva de Lapuerta
Prechal
Rossi
Bonichot
Safjan
Malenovský
von Danwitz
Toader
Lycourgos
Piçarra
Delivered in open court in Luxembourg on 6 October 2020.
A. Calot Escobar
Registrar
*
Language of the case: English.
K. Lenaerts
President