Supreme Court full bench to examine police access to telecom billing data

Nicosia, Cyprus. The Supreme Court will examine whether police can access telecommunications data retained by providers for commercial or billing purposes when investigating and prosecuting serious criminal offences.

A single Supreme Court judge referred the matter to the court’s full bench, describing it as an issue of exceptional significance and importance that could affect a large number of cases.

Referral to full bench

In a decision dated September 11, the Supreme Court, sitting as a single judge, referred an application seeking to overturn a Limassol district court order granting access to the applicants’ telecommunications data.

The case concerns an order issued by the Limassol district court in March allowing access to telecommunications data belonging to the applicants. The applicants challenged the legality of the order and, in May, received permission from the Supreme Court to submit an application seeking its annulment.

Legal question

Both sides requested that the application be heard by the full bench, citing the seriousness of the legal issues, the number of cases that could be affected by the outcome and differing decisions issued by single Supreme Court judges in similar cases.

The central issue is whether, in light of case law from the Court of Justice of the European Union, access may be granted to data retained by telecommunications providers for commercial or billing purposes when it is subsequently sought for the investigation and prosecution of serious criminal offences.

Binding effect

The judge agreed that the arguments presented by the lawyers justified collective consideration and judgment by the full bench of the Supreme Court.

The ruling said consideration by the full bench would also strengthen the binding effect of the eventual decision.