CJEU declares Data Retention Directive Invalid
News    ·   10-04-2014

AUTHOR: Sharon Xuereb

On 8 April 2014, the Court of Justice of the European Union (CJEU) delivered a landmark judgement invalidating the retention of data by communications service providers and the access to that data by national authorities under the EU Data Retention Directive 2006/24/EC. The CJEU declared that “although the retention of data required by the Directive may be considered to be appropriate for attaining the objective pursued by it, the wide-ranging and particularly serious interference of the Directive with the fundamental rights at issue is not sufficiently circumscribed to ensure that that interference is actually limited to what is strictly necessary.” As a result, the legal foundation for the current retention by communications service providers and ISPs of a data subject’s traffic and location data, and the right by the competent authorities to request that data, has been removed.

The European Commission issued a statement that national legislation needs to be amended only with regard to aspects that become contrary to EU law.

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