Access snd Interception of Communications Metadata

This chapter examines the procedural safeguards that should govern both the access to and use of communications metadata in criminal investigations. Two main issues are addressed: the authorisation procedure for interception or access, and the rights of suspects regarding the processing of their personal data. On the first, the analysis highlights a gap between the standards of independence required in privacy and data protection law and those recognised in Member States’ criminal procedure traditions. On the second, it considers safeguards such as the rights to information, to be heard, and to an effective remedy, arguing that fairness requires closer alignment between EU data protection and criminal procedure regimes.