This paper analysis the potential use of smart meters as surveillance tools by law enforcement authorities. In assessing the challenges that the introduction of smart meters in the European Union creates for the right to privacy and data protection of individuals the paper takes a fundamental rights approach based on the existing European legal framework, case law and doctrine. The legal analysis is augmented by technical/engineering studies that show the interest that smart meter data has for law enforcement authorities. It is argued that the current EU legal framework is not adequate for addressing the challenges that surveillance via smart meter data creates for the rights of the individuals and that the existing legal gap must be taken into account and used in favour of the protection of the fundamental rights of the individuals.