Advocate General says privacy rights not breached by targeted seizure of work emails
An Advocate General of the CJEU has issued an opinion stating that national competition authorities may lawfully access employee emails without a court order, provided strong legal safeguards and proportionality checks are in place. The case, triggered by a challenge from Portuguese medical companies, raises important questions about the balance between privacy rights and competition-law enforcement across the EU.
An Advocate General at the Court of Justice of the European Union (CJEU) has concluded that national competition authorities may seize employee emails during investigations without first obtaining judicial approval, as long as the underlying legal framework offers strict safeguards and limits the risk of abuse.
The opinion stems from a case brought by Portuguese medical companies that contested the national competition authority’s decision to access staff email accounts as part of an antitrust investigation. The companies argued that the measure violated the right to privacy and protection of correspondence under the EU Charter of Fundamental Rights. The seizure was authorised by the national Public Prosecutor’s Office rather than a court, prompting questions about procedural guarantees.
According to the Advocate General, accessing employee emails does interfere with rights protected under Articles 7 and 8 of the Charter, privacy and data protection, but such interference can be lawful if it meets the principles of necessity and proportionality. The opinion notes that the GDPR permits the processing of personal data when it is justified by a public interest, including the enforcement of competition law.
Importantly, the Advocate General found that the investigation targeted professional communications rather than private correspondence, meaning the essence of the rights at stake was not undermined. However, the opinion stresses that authorities must operate within a clear statutory framework, ensure independent oversight and limit the scope of data seized to what is strictly required for the investigation.
The forthcoming judgement from the CJEU will determine how these principles apply across the EU, potentially shaping how competition authorities conduct digital evidence gathering in future cases. The decision is expected to clarify the extent to which privacy protections constrain investigative powers in the digital workplace, where personal and professional data often coexist.
