Case C-80/23: A Quest for Clarity. The Law Enforcement Directive 2016/680, a Bulgarian Court and Case C-205/21

This contribution examines the legal intricacies surrounding law enforcement data collection practices in Bulgaria within the framework of the Law Enforcement Directive 2016/680 (LED) and relevant Court of Justice of the European Union (CJEU) rulings, particularly cases C-205/21 and C-80/23. The analysis underscores challenges in interpreting the concept of “strict necessity” and ensuring compliance with its provisions, in particular, Art. 10. Key findings reveal ambiguities in the LED’s application, particularly concerning judicial review and the scope of data collection. The subsequent Case C-80/23 further seeks clarification on the strict necessity standard and the scope of judicial review in the collection of biometric and genetic data. The outcome of both cases has broader implications for EU member states, highlighting the need for legislative alignment and underscoring the complexities and challenges in balancing effective law enforcement with the protection of fundamental rights.