Analyzing The CJEU Judgement Of Access To Location Data During Criminal Proceedings In EU

On 2^th of March 2021, The Court of Justice of the European Union delivered a judgment in Case C-746/18 H.K v Prokuratuur; regarding the accession to personal data. Before the issue referred to the Court, the case followed as; due to the theft, use of another person's bank card, and violence against that person concluded as criminal proceedings were brought against the offender in Estonia. The first instance court of Estonia imposed a custodial sentence which was later upheld on appeal. The Supreme Court of Estonia (Riigikohus) expressed doubts by requesting a preliminary ruling under Article 267 of Treaty on the Functioning of the European Union, concerning the basis of personal data generated in the context of the provision of e-communication services and the investigating authority, the Estonian public prosecutor's office, had access to those data continuing whether Directive 2009/136/EC (directive on privacy and electronic communications) is compatible with