EU Advocate General backs limited seizure of work emails in competition probes
The opinion finds such seizures lawful if proportionate and in the public interest.
An Advocate General of the Court of Justice of the European Union has said national competition authorities may lawfully seize employee emails during investigations without prior judicial approval. The opinion applies only when a strict legal framework and effective safeguards against abuse are in place.
The case arose after Portuguese medical companies challenged the competition authority’s seizure of staff emails, arguing it breached the right to privacy and correspondence under the EU Charter of Fundamental Rights. The authority acted under authorisation from the Public Prosecutor’s Office.
According to the Advocate General, such seizures may limit privacy and data protection rights under Articles 7 and 8 of the Charter, but remain lawful if proportionate and justified. The processing of personal data is permitted under the GDPR where it serves the public interest in enforcing competition law.
The opinion emphasised that access to business emails did not undermine the essence of data protection rights, as the investigation focused on professional communications. The final judgment from the CJEU is expected to clarify how privacy principles apply in competition law enforcement across the EU.
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