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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
So last week it emerged that Dentons, already the biggest law firm in the world, is currently in merger negotiations with 21 firms around the globe.
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow