Law Enforcement Access to Personal Data: EU and United Kingdom, 2026

This report examines the legal bases and safeguards governing law enforcement access to personal data in the European Union and the United Kingdom. It addresses information obtained from service providers, access to mobile devices, communications data, biometrics, retention, inter-agency use and international transfers. The analysis distinguishes the authority to obtain information from the legal conditions governing its subsequent use, combining legislation with selected Court of Justice decisions on necessity, proportionality and independent review. The study considers the EU electronic evidence framework and changes introduced by the UK's Data (Use and Access) Act 2025. Particular attention is given to reasons for decisions, logging, notification, data subject rights and effective avenues of challenge. Its central concern is whether the sequence of acquisition, analysis, sharing and retention can be reconstructed and reviewed, recognising that an initial authorisation does not resolve every question concerning later processing or evidential use.