Sky ECC: Amsterdam privacy complaint over APN data sent to Estonia fails on time limit
On 20 October, Amsterdam District Court declared a complaint about Dutch Sky ECC connection data inadmissible because it was filed too late. Published on 26 October, the decision does not determine whether retaining and processing the data was lawful.
In case 26-012172, ECLI:NL:RBAMS:2026:10539, a man prosecuted in Estonia sought destruction of his APN data still held in the Netherlands. APN means Access Point Name and concerns the network access point used. Dutch authorities had obtained such data in 2019–2021 during the Yucca and Werl investigations. In 2023, data concerning this applicant were sent to Estonia through spontaneous information exchange, without an underlying European Investigation Order or other mutual assistance request.
His lawyer argued that retaining, further processing and sharing the data infringed his privacy rights. The defence said data about people not under investigation in the Netherlands should have been destroyed. A Dutch ruling was said to matter for the appeal in the Estonian criminal case. Prosecutors disputed unlawfulness and primarily asked the court to declare the complaint inadmissible.
The court recognised the applicant as an interested party: prosecutors still held his data and could process or disclose them further. However, his complaint of 28 April 2026 fell outside the statutory two-year limit. Learning about the Dutch processing only on 29 January 2026 and acting promptly afterwards did not change when that period began, the judges held. No fresh access to or processing of the data by prosecutors within the two years before filing had been established.
The court therefore did not assess the privacy objections on their merits, although they had been discussed extensively. The decision states that an appeal on points of law to the Supreme Court is available within fourteen days of service.
