26.
The second part of the Judgment, headed “The interpretation of Article 15(1)
of [EPD] in the light of Articles 7, 8, 11 and Article 52(1) of the Charter”,
primarily in paragraph 89 onwards addresses the two relevant statutes, by
reference to targeted access to data for the purpose of combating crime:
“89. Nonetheless, in so far as Article 15(1) of Directive
2002/58 enables Member States to restrict the scope of the
obligation of principle to ensure the confidentiality of
communications and related traffic data, that provision must,
in accordance with the Court’s settled case-law, be interpreted
strictly (see, by analogy, judgment of 22 November 2012,
Probst, C-119/12, EU:C:2012:748, paragraph 23). That
provision cannot, therefore, permit the exception to that
obligation of principle and, in particular, to the prohibition on
storage of data, laid down in Article 5 of Directive 2002/58, to
become the rule, if the latter provision is not to be rendered
largely meaningless.
90. It must, in that regard, be observed that the first sentence of
Article 15(1) of Directive 2002/58 provides that the objectives
pursued by the legislative measures that it covers, which
derogate from the principle of confidentiality of
communications and related traffic data, must be ‘to safeguard
national security — that is, State security — defence, public
security, and the prevention, investigation, detection and
prosecution of criminal offences or of unauthorised use of the
electronic communication system’, or one of the other
objectives specified in Article 13(1) of Directive 95/46, to
which the first sentence of Article 15(1) of Directive 2002/58
refers (see, to that effect, judgment of 29 January 2008,
Promusicae, C-275/06, EU:C:2008:54, paragraph 53). That
list of objectives is exhaustive, as is apparent from the second
sentence of Article 15(1) of Directive 2002/58, which states that
the legislative measures must be justified on ‘the grounds laid
down’ in the first sentence of Article 15(1) of that directive.
Accordingly, the Member States cannot adopt such measures
for purposes other than those listed in that latter provision.
91. Further, the third sentence of Article 15(1) of Directive
2002/58 provides that ‘[a]ll the measures referred to [in
Article 15(1)] shall be in accordance with the general
principles of [European Union] law, including those referred
to in Article 6(1) and (2) [EU]’, which include the general
principles and fundamental rights now guaranteed by the
Charter. Article 15(1) of Directive 2002/58 must, therefore, be
interpreted in the light of the fundamental rights guaranteed by
Page 24