The Court Of Justice Of The EU Declares Invalid The Data Retention Directive 2006/24

Author:Mr Paul Van den Bulck
Profession:McGuireWoods LLP

No sooner had it been adopted than the Data Retention Directive was receiving criticism from various Member States and other stakeholders. They can now breathe easier; the directive was declared invalid by the CJEU in its decision of April 8, 2014. The Court delineated several problems with the directive: in general it covers all individuals, all means of electronic communication and all traffic data, without any differentiation, limitation or exception to take into account the objective of fighting against serious crime; it fails to provide any objective criterion to ensure that the data is accessible only to competent national authorities and that they will use it for legitimate purposes only; it does not state data retention periods applicable to the different categories of data, the persons concerned with it or the use of the data; also, it does not state on what criteria the retention period will be determined, to ensure that it is only what is strictly necessary; it does not provide a sufficient safeguard to ensure effective protection from abuse (for example, since...

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