Invalid Data Retention Directive creates uncertainty
On 8 April 2014, the European Court of Justice (ECJ) in the Digital Rights Ireland case declared the Data Retention Directive 2006/24/EC invalid, creating uncertainty for providers of public communications networks and publicly available electronic communications services, as well as reviving the age-old debate in respect of individuals’ rights to privacy versus national security.
The directive was passed in 2006 amid growing concerns in respect of counter-terrorism and crime prevention. It amended EU Directive 2002/58/EC (on privacy and electronic communications) and aimed to harmonise national measures across the EU relating to the retention of communications data. The directive requires communications providers to retain certain data in relation to users’ communications in order to detect, investigate and prosecute serious crime. Such data includes ‘personal data’ such as traffic and location data (such as phone numbers dialled, email addresses sent to and the location of the device from which the communication was sent, depending on the communications technology used) but not the content of the communications themselves.
The implementation of the directive proved controversial in a number of member states not least because it failed to set clear criteria on how member states were to apply a number of its provisions and safeguard individual rights. The Irish and Austrian courts proceeded to refer questions to the ECJ in respect of whether the directive was compatible with the fundamental rights guaranteed to citizens by the Charter of Fundamental Rights of the EU…
Click on the link below to read the rest of the Eversheds 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 Eversheds
News from The Lawyer
Briefings from Eversheds
Eversheds’ pensions freedoms survey: 81 per cent of employers concerned their staff will make poor financial decisions
Eighty-one per cent of employers are concerned that their staff will make poor financial decisions when they are given new pensions freedoms in April 2015.
ESMA is inviting all interested stakeholders to respond to the consultation paper.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions