Data Retention Directive Declared Invalid
News    ·   19-05-2014

AUTHOR: Ron Galea Cavallazzi

Following references from an Irish and Austrian Court, On the 8th April 2014, the European Court of Justice delivered a judgment in which it declared the EU Data Retention Directive (2006/24/EC) invalid since it exceeded the limits of the principle of proportionality and entails “serious interference with the fundamental rights to respect for private life and to the protection of personal data.”

The Data retention Directive provides for the retention of data by service providers under the pretext of harmonising legislation in Member States’ concerning the obligations of service providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them, in order to ensure that the data are available for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law.

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