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The Data Retention Directive is invalid

| | 2014.04.13. 18:37:37  Székely Iván  


In its judgment of 8 April 2014 the Court of Justice of the European Union (CJEU) declared the Data Retention Directive (Directive 2006/24/EC) invalid. The Directive provides that communication service providers must retain traffic and location data as well as identification data of all subscribers and users for a period of six months to two years.

Two national courts, the High Court of Ireland and the Constitutional Court of Austria (the latter initiated by more that eleven thousand (!) petitioners) turned to the CJEU asking the Court to examine the validity of the directive with respect to its interference with the fundamental rights to respect for private life and to the protection of personal data. The CJEU states that although the Directive satisfies an objective of general interest, namely the fight against serious crime, it has exceeded the limits imposed by compliance with the principle of proportionality, and has other serious deficiencies with respect to the requirements of EU law.

Tags: data retention directive, European Union





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