Communications Metadata And Fundamental Rights in the Criminal Domain

This chapter explores the following research question: Which fundamental rights are implicated by using communication metadata in the criminal domain within the European multi-level system? To address this, it first outlines the concept of European legality, with particular attention to the principle of proportionality, and then examines the fundamental rights central to the legal analysis. In particular, it investigates the theoretical foundations and European sources of the rights to privacy, data protection, and fair trial in the criminal context. By engaging with the rationales and principles underlying these rights, the chapter seeks to identify common ground and develop a theoretical framework that will serve as a methodological basis for the study.