Status Not cited by any decision here yet
Judgment
Full text
As to the nature of the circumstances capable of justifying the disclosure and processing of PNR data for the purposes of their subsequent assessment, it is settled case-law that, since general access to all retained data, regardless of whether there is any, at least indirect, link with the intended purpose, cannot be regarded as being limited to what is strictly necessary, the legislation concerned, be it EU legislation or a national rule intended to transpose the latter, must be based on objective criteria in order to define the circumstances and conditions under which the competent national authorities are to be granted access to the data in question. In that regard, such access can, as a general rule, be granted, in relation to the objective of combating crime, only to the data of individuals suspected of planning, committing or having committed a serious crime or of being implicated in one way or another in such a crime. However, in particular situations, where for example vital national security, defence or public security interests are threatened by terrorist activities, access to the data of other persons might also be granted where there is objective material from which it can be inferred that those data might, in a specific case, make an effective contribution to combating such activities (judgments of 2 March 2021, Prokuratuur (Conditions of access to data relating to electronic communications), C‑746/18, EU:C:2021:152, paragraph 50 and the case-law cited, and of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 105).