Referral C-313/26 (Momiert, 9 Apr 2026)

1. Must Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, read in conjunction with the provisions of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016, be interpreted as precluding the police from accessing data stored in a mobile phone seized in a criminal investigation on the sole basis of the consent given by the data subject, where no prior authorisation has been issued by a court or by an independent administrative authority?


2. If such consent may be taken into account, must those provisions of EU law be interpreted as meaning that such consent allows access only to specific and targeted data with a link to the subject matter of the investigation, or may those provisions permit the extraction and examination of all data stored in the mobile phone concerned without prior authorisation issued by a court or by an independent administrative authority?


3. Must Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, read in conjunction with the provisions of Directive (EU) 2016/680, be interpreted as meaning that access by the police to data stored in a mobile phone seized in a criminal investigation must be subject to guarantees suitable for ensuring the protection of the privacy of third parties whose personal data is on that device, in particular persons who have exchanged communications with the device’s owner, which may be capable of revealing information concerning them and, as the case may be, of leading to their involvement in the proceedings or to their prosecution, and, if so, does that requirement mean that such access must be subject to prior
authorisation issued by a court or by an independent administrative authority?