26In the light of the foregoing, the referring court asks, in the first place, whether, in the light of paragraphs 52 to 61 of the judgment of 2 October 2018, Ministerio Fiscal (C‑207/16, EU:C:2018:788), and the case-law cited therein, Article 15(1) of Directive 2002/58, read in the light of Articles 7 and 8 of the Charter, must be interpreted as meaning that full and uncontrolled access to all digital data contained in a mobile telephone, that is to say connection data, the content of communications, photos and browsing history – which can provide a very detailed and in-depth picture of almost all areas of the private life of the data subjects – constitutes so serious an interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter that, as regards the prevention, investigation, detection and prosecution of criminal offences, that access must be limited to fighting serious offences.
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