This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no 285492.

The Data Retention Directive was proclaimed “invalid” by the Court of Justice

The Data Retention Directive was initiated to unify the Member States’ provisions regarding the storage of specific data that are generated by providers of publicly available electronic communications services or of public communications networks with the intention to prevent and detect crime and terrorism. Therefore the aforementioned providers are allowed to keep traffic and location data and also data needed to identify the user, but not the content of communication or of information consulted.

On the apprehension that the directive contradicts fundamental rights under the Charter of Fundamental Rights of the EU, especially the rights to respect for private life and the fundamental right to the protection of personal data, the High Court (Ireland) and the Verfassungsgerichtshof (Constitutional Court, Austria) are requesting the Court of Justice to examine the validity of the directive.

After analyzing the directive in regard of the made accusations, the Court states that, “by requiring the retention of those data and by allowing the competent authorities to access those data, the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data.” (Court of Justice of the European Union, Press Release No 54/14, Luxembourg, 8.4.14, Judgment in Joined Cases C-293/12 and C-594/12)

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