Case C-80/23: A Quest for Clarity. Part II, AG’s Opinion and Commentary

This is a comment and continuation of a previous contribution dated in April 2024.1 The examination of the C-80/23, which followed C-205/21 underlines the complexities in striking a balance between combating crime and individual rights. Key findings highlight significant alignment between the Advocate General's (AG) opinion and the suggested interpretation on the necessity and scope of judicial review and the roles of competent authorities. Both texts emphasize the need for a thorough assessment of necessity to protect fundamental rights before authorizing intrusive data collection measures. Differences emerge regarding the extent and basis of judicial review, particularly concerning data sufficiency and prerequisites for collection.