The position of the Attorney General of the Republic is accepted, as it is the only means of investigation that makes it possible to identify the person, who committed a serious offence via the Internet
In today's extensive decision, the Supreme Court, rejecting the application of a person suspected of offences related to child pornography, seeking the annulment of a court order for access to retained Internet Protocol Address (IP Address) data, accepted the position of the Attorney General of the Republic that the general and indiscriminate retention of the IP Address of all Internet users is lawful as it is the only means of investigation that makes it possible to identify a person who has committed a serious offence via the Internet.
In the context of investigating a serious case of child pornography, the police secured a court order requiring a particular internet service provider to disclose the details of the user of a particular IP Address, which was associated with the possession and dissemination of illegal material.
The suspect, through his counsel, filed a petition for a writ of certiorari in the Supreme Court seeking to set aside the aforementioned order. It was the Petitioner's position that the issuance of the impugned order was based on certain articles of the "Law on the Retention of Telecommunications Data for the Purpose of Investigating Serious Criminal Offences" (Law No. 183(I)/07), which the majority of the Plenary of the Supreme Court had already ruled as unconstitutional, since they violated fundamental individual rights.
The Attorney General of the Republic referred to the judgment of the Court of Justice of the European Union in case C-793/19, where it was stressed that the general and indiscriminate retention of the IP address of all users is lawful as it is the only means of investigation that makes it possible to identify the person who committed a serious offence via the Internet.
In rejecting the suspect's application, the Court stated, inter alia, that the disputed articles of Law No. 183/(I)/07, which, with the aim of combating serious crime (such as child pornography), impose on telecommunications service providers the general and indiscriminate retention of IP addresses for a minimum period of 6 months, are not incompatible with European Union law.
The Advocate General of the Republic was represented by Mr Andreas P. Aristides, Advocate General of the Republic I.
(ML)
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