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_108@2026-11-12

108Where that review is carried out not by a court but by an independent administrative body, that body must have a status that enables it to act objectively and impartially when carrying out its duties and must, for that purpose, be free from any external influence. Accordingly, it follows that the requirement of independence that has to be satisfied by the body entrusted with carrying out the prior review means that that body must be a third party in relation to the authority which requests access to the data, in order that the former is able to carry out the review objectively and impartially and free from any external influence. In particular, in the criminal field the requirement of independence entails that the body entrusted with the prior review, first, should not be involved in the conduct of the criminal investigation in question and, second, must have a neutral stance vis-à-vis the parties to the criminal proceedings (see, to that effect, judgment of 2 March 2021, Prokuratuur (Conditions of access to data relating to electronic communications), C‑746/18, EU:C:2021:152, paragraphs 53 and 54).

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

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