[Publication] Transmission of Intercepted Data Obtained in a Criminal Investigation to the Competition Authority: The Grand Chamber Judgment in the Ships Waste Oil Case

PRESERVE partner Claudia Calabrese, from the University of Bari Aldo Moro (UNIBA), is the author of a recent publication titled “Transmission of Intercepted Data Obtained in a Criminal Investigation to the Competition Authority: The Grand Chamber Judgment in the Ships Waste Oil Case,” published in the Journal of Media Law in February 2026.

Abstract

The transmission of data collected for criminal investigations to an administrative authority for other purposes constitutes an interference with the right to respect for correspondence protected by art. 8 of the European Convention on Human Rights. In the Ships Waste Oil Collector B.V. case, however, the transfer of data was found compatible with art. 8, as it was based on data collected in a conventionally compliant manner, supported by a sufficiently accessible and predictable legal basis, and accompanied by appropriate safeguards to prevent arbitrariness, including ex post judicial review. In consideration of the predominantly economic and commercial character of the information, and the objective of safeguarding the country’s economic well-being, the Grand Chamber determined that the interference was proportionate to the requirements of a democratic society founded on the rule of law.