European Court of Justice declares Data Retention Directive invalid
By Rebecca Andersen
The Data Retention Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It applies to telcos and internet service providers (ISPs) and came into force in 2006 after a number of terrorist attacks in mainland Europe added impetus to efforts to harmonise EU member state laws. However, in a recent ruling, the European Court of Justice (ECJ) has concluded that the directive ‘interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data’ and declared it invalid.
How has this come about? This is not the first time that the directive has come under scrutiny. The European Commission looked at the directive in 2011 and had a number of criticisms (particularly as to the balance between the privacy of individuals and security).
In this latest development, the ECJ was asked to consider whether the directive complied with the EU Charter of Fundamental Rights, which sets out individuals’ rights to a private life and the protection of personal data. The request came from the Irish and Austrian national courts, which have before them a number of actions disputing the validity of corresponding national measures (as the directive was implemented in EU member states through national laws)…
Click on the link below to read the rest of the Dentons briefing.
News from Dentons
News from The Lawyer
Briefings from Dentons
Re:Sound’s Tariff 8 is already the subject of an application for judicial review and has been the impetus for a public debate about the appropriateness of licence fees.
A Montreal-based artist is suing the producer and broadcaster of 30 Vies — on the basis that footage of a graffiti tag in the opening credits constitutes copyright infringement.
Analysis from The Lawyer
The continent’s boom in natural resources and renewable energy is sparking an infrastructure drive
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.