Tutela della riservatezza delle comunicazioni elettroniche: riflessioni (ri)partendo dalla pronuncia Ministerio Fiscal

While in its landmark judgement Tele2 Sverige, the CJEU set fundamental principles and criteria in the delicate field of national data retention and access measures, it also raised relevant questions. The CJEU’s ruling Ministerio Fiscal C-207/16 could be seen as one of the results of these open issues. This paper analyses this recent decision, concerning national authorities’ access, for criminal investigative purposes, to personal data retained by providers of telecommunications services. Underlining the particular post-Tele2 Sverige context, characterized by a fragmented legislation and a complex jurisprudence, both at the European and national level, this article aims to assess unresolved doubts, current challenges and the possible future scenario.