The Impact of EU Data Protection Law on National Criminal Procedure Rules: A Finnish Perspective on Two CJEU Cases

In this paper, I examine the rising influence of EU data protection law in national criminal proceedings through the analysis of two recent CJEU judgments – Ministerstvo na vatreshnite raboti (C-205/21) and Bezirkshauptmannschaft Landeck (C-548/21). After briefly presenting each case, I describe Finnish reactions to them and discuss possible legislative responses from national legislators in relation to criminal procedure rules concerning the systematic collection and registration of biometric data of suspects, and searches of mobile devices. Subsequently, I analyse the relationship between EU data protection law and national criminal procedural law more broadly. I argue that although the recent CJEU case law further limits the national procedural autonomy, and may also risk some negative effects on the efficiency of criminal investigations, this is necessary for the effective protection of rights related to data protection and privacy in the law enforcement sector.