Fortifying Privacy Within Policing and Law Enforcement Data Access Practices

The CG v Bezirkshauptmannschaft Landeck judgment by the CJEU marks a pivotal development in EU data protection law, establishing that ‘processing’ includes even unsuccessful attempts to access data from mobile devices. This ruling stresses the necessity of judicial oversight, safeguarding the rights enshrined in Articles 7 and 8 of the Charter. Aligned with cases like Digital Rights Ireland and Schrems II, the decision highlights the balance between law enforcement's operational needs and individual privacy rights. Member States are urged to integrate comprehensive procedural safeguards to ensure uniform compliance with EU data protection standards.