G.D. v The Commissioner of the Garda Síochána and Others (C-140/20)

Judgment of 5 Apr 2022

law://eu/cjeu/2020/c-140-20/para_107@2026-11-14

107One of the requirements for the prior review is that the court or independent administrative body entrusted with carrying it out must have all the powers and provide all the guarantees necessary in order to reconcile the various interests and rights at issue. As regards a criminal investigation in particular, it is a requirement of such a review that that court or body must be able to strike a fair balance between, on the one hand, the interests relating to the needs of the investigation in the context of combating crime and, on the other, the fundamental rights to privacy and protection of personal data of the persons whose data are concerned by the access (judgment of 2 March 2021, Prokuratuur (Conditions of access to data relating to electronic communications), C‑746/18, EU:C:2021:152, paragraph 52).

G.D. v The Commissioner of the Garda Síochána and Others (C-140/20)

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