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Polizeizugriff auf persönliche Mobilfunkdaten: Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C-548/21 Bezirkshauptmannschaft Landeck
20 April 2023
Donnerstag, 20. April 2023
Schlussanträge des Generalanwalts am Gerichtshof in der Rechtssache C-548/21 Bezirkshauptmannschaft Landeck
Zugriff der Kriminalpolizei auf die auf einem Mobiltelefon gespeicherten Daten
Die österreichische Kriminalpolizei nahm Ermittlungen gegen den Adressaten eines Paketes auf, das Cannabis enthielt. Bei der Durchsuchung seiner Wohnung stellte sie ein Mobiltelefon sicher und nahm es mit, um die darauf gespeicherten Daten auszulesen, was ihr jedoch nicht gelang.
Der Betroffene beanstandete die Sicherstellung seines Mobiltelefons vor einem österreichischen Gericht. Erst im Laufe des Gerichtsverfahrens erfuhr er, dass die Polizei versucht hatte, auf seine Daten zuzugreifen.
Das österreichische Gericht ersucht den Gerichtshof in diesem Zusammenhang um Auslegung der EU-Datenschutzvorschriften sowie der EU Grundrechtecharta. Es möchte erstens wissen, ob nur die Bekämpfung schwerer Kriminalität den Zugriff auf die auf einem Mobiltelefon gespeicherten Daten rechtfertigen kann. Zweitens möchte es wissen, ob ein solcher Zugriff nur mit richterlicher Genehmigung erfolgen darf. Und drittens möchte es wissen, ob man den Betroffenen über den Zugriff auf die Daten informieren muss.
Generalanwalt Campos Sánchez-Bordona legt heute seine Schlussanträge vor.
Details
- Date:
- 20 April 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-548/21 Bezirkshauptmannschaft Landeck
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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