Czech ministry apologizes to journalist for blanket collection of mobile phone data
The Czech Supreme Court has ruled that the legal regulation of blanket collection of electronic communications data (known as data retention) violates European Union law in a "long-term and particularly serious manner." This decision is the result of a multi-year campaign by the organization IuRe. However, the responsible minister has not yet taken steps to end blanket collection.
Citizens paid for the successful lawsuit
The Czech state collects and stores mobile phone data for six months. Information is gathered about who called or texted whom, and who connected to the internet from where. With the help of IuRe, Journalist Jan Cibulka filed a lawsuit with the District Court in 2021 to challenge the legality of such practices. The main reason was that Czech legislation violates European law. For journalists such as Jan Cibulka, this means that it is more difficult to ensure confidential communication with sources. IuRe supporters contributed to a crowdfunding campaign to get the whole process started.
In 2023, the court dismissed the lawsuit, and the Municipal Court rejected the subsequent appeal. The turning point came in 2024, when the Supreme Court upheld Jan Cibulka’s appeal and returned the case to the District Court for Prague 1. Unlike lower courts, the court recognised the possibility of seeking satisfaction from the state in this case and at the same time rejected the conclusions of the courts that questioned the harm caused by the effects of unlawful processing of personal data. However, the court dismissed the lawsuit again, arguing that the harm caused to journalist Jan Cibulka, who claimed that data collection also jeopardizes the confidentiality of journalists’ communications with their sources, was not so serious.
Finally, in April 2025, the Municipal Court in Prague ruled that data collection was illegal. IuRe then launched a public information website that includes instructions on how people can request the data that the state collects about them. Together with others, the civil society organisation also called on lawmakers to adopt the necessary legislative changes.
In August 2025, the Czech state filed an appeal with the Supreme Court. This appeal was rejected at the beginning of January 2026, which is the final stage of the entire process.
Court confirms that Czech law conflicts with European law
The Supreme Court thus upheld the Municipal Court‘s decision from April 2025 and, consequently, the long-standing arguments of IuRe and Jan Cibulka.
Specifically, the court stated that there had been a “long-term and particularly serious infringement of rights.” The court also confirmed that Czech legislation on the retention of traffic and location data is contrary to European Union law. “Contrary to the requirements set by the Court of Justice of the European Union, it leads to the preventive and indiscriminate retention of data of virtually all users of electronic communications, while the scope of such retained data allows sensitive conclusions to be drawn about their private lives,” the ruling states.
The Supreme Court also confirmed the obligation of the Ministry of Industry and Trade to apologize to journalist Jan Cibulka for the long-term violation of his rights to privacy and personal data protection.
Financial compensation may also come
In mid-January of this year, the Ministry of Industry and Trade finally apologised to Jan Cibulka. “There has been an unjustified infringement of your personal rights,” the apology stated.
Executives, legislators, and judges should now carefully study the Supreme Court’s decision. An amendment to abolish blanket data collection in Czech law should be prepared as soon as possible. If the government does not act swifty on this matter, Members of Parliament should take over and propose its abolition by their initiative. At the same time, courts must begin assessing requests for data releases knowing that the data requested by the police is being collected illegally. Operators should also consider whether they wish to continue with this activity, which is now illegal according to the court’s decision.
The ruling also opens up the possibility for citizens to seek redress from the state, which has ignored the problem for over ten years despite repeated warnings, as previously done by Jan Cibulka. Satisfaction may no longer be limited to an apology, but may include financial compensation.
No change in sight yet
Shortly after the court’s decision, IuRe contacted Minister of Industry and Trade Karel Havlíček. However, his response does not indicate that any change is forthcoming. In his response to IuRe, the minister wrote that “the situation is not black and white,” and that the ministry is awaiting a new proposal from the European Commission for legislative changes to the retention of telecommunications traffic data. Although he acknowledges that change are necessary, he does not specify when or what form it should take.
In light of this, IuRe is considering further steps. So far, it has filed a complaint with the European Commission regarding the incorrect implementation of the directive. If the government fails to address the issue, IuRe will turn to parliamentary opposition and try to push through the abolition of data retention. The organisation also wants to put pressure on operators to refuse to store data and on courts to refuse to accept evidence based on such data in criminal proceedings.
IuRe is also continuing its broader awareness campaign, publishing a dozen stories from across Europe on its website about how data collected under data retention has been misused against journalists. The aim is to strengthen public pressure for change.
Contribution by: EDRi member, Iuridicum Remedium (IuRe)