Access by the police, in the context of a criminal investigation, to the personal data stored on a mobile telephone
may constitute a serious, or even particularly serious, interference with the fundamental rights of the data subject.
However, it is not necessarily limited to the fight against serious crime. The national legislature must define the
factors to be taken into account for such access, such as the nature or categories of the offences concerned. In
order to ensure compliance with the principle of proportionality in each specific case, the examination of which
involves weighing all the relevant factors of the individual case, that access must, moreover, be subject to prior
authorisation by a court or an independent authority, save in duly substantiated cases of urgency. The data subject
must be informed of the grounds for the authorisation as soon as the provision of this information is no longer
likely to jeopardise the investigations.
National law needs to define when police may access
A court must approve - weighing proportionality
Only in duly substantiated cases of urgency court approval may be skipped
The subject must be informed once that act no longer jeopardizes the investigation
From the court press release: