27/07/2023, 22:38 CURIA - Documents comply with the framework established by Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter, and taking into account the considerations set out in paragraph 70 above, such a measure may, at the choice of the national legislature and subject to the limits of what is strictly necessary, be extended to traffic and location data relating to persons other than those who are suspected of having planned or committed a serious criminal offence or acts adversely affecting national security, provided that those data can, on the basis of objective and nondiscriminatory factors, shed light on such an offence or acts adversely affecting national security, such as data concerning the victim thereof, and his or her social or professional circle (judgments of 6 October 2020, La Quadrature du Net and Others, C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791, paragraph 165, and of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 88). 118 Thus, a legislative measure may authorise the issuing of an instruction to providers of electronic communications services to carry out the expedited retention of traffic and location data, inter alia, of persons with whom, prior to the serious threat to public security arising or a serious crime being committed, a victim was in contact via those electronic means of communications (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 89). 119 Such expedited retention may, according to the Court’s case-law recalled in paragraph 117 above and under the same conditions as those referred to in that paragraph, also be extended to specific geographic areas, such as the places of the commission of or preparation for the offence or attack on national security in question. It should be stated that the subject matter of such a measure may also be the traffic and location data relating to a place where a person, possibly the victim of a serious crime, has disappeared, on condition that that measure and access to the data so retained comply with the limits of what is strictly necessary, as set out in paragraphs 164 to 167 of the judgment of 6 October 2020, La Quadrature du Net and Others (C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791) (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 90). 120 Furthermore, it must be stated that Article 15(1) of Directive 2002/58 does not preclude the competent national authorities from ordering a measure of expedited retention at the first stage of an investigation into a serious threat to public security or a possible serious crime, namely from the time when those authorities may, in accordance with the relevant provisions of national law, commence such an investigation (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 91). 121 Again as regards the variety of measures for the retention of traffic and location data referred to in paragraph 75 above, it must be stated that those various measures may, at the choice of the national legislature and subject to the limits of what is strictly necessary, be applied concurrently. Accordingly, Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter, as interpreted by case-law resulting from the judgment of 6 October 2020, La Quadrature du Net and Others (C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791), does not preclude a combination of those measures (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 92). 122 In the fourth and final place, it must be emphasised that the proportionality of the measures adopted pursuant to Article 15(1) of Directive 2002/58 requires, according to the Court’s settled case-law, as recalled in the judgment of 6 October 2020, La Quadrature du Net and Others (C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791), compliance not only with the requirements of aptitude and of necessity but also with that of the proportionate nature of those measures in relation to the objective pursued (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 93). 123 In that context, it should be recalled that, in paragraph 51 of its judgment of 8 April 2014, Digital Rights Ireland and Others (C‑293/12 and C‑594/12, EU:C:2014:238), the Court held that while the fight against serious crime is indeed of the utmost importance in order to ensure public security and its effectiveness may depend to a great extent on the use of modern investigation techniques, that objective of general interest, however fundamental it may be, does not, in itself, justify that a measure providing https://curia.europa.eu/juris/document/document_print.jsf;jsessionid=A4432EEFFE3535A201E714AE6441EE66?mode=DOC&pageIndex=1&docid=265881… 24/28