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Data retention: “National security” is not a blank cheque
On 15 January, Advocate General (AG) Campos Sánchez-Bordona of the Court of Justice of the European Union (CJEU) delivered his opinions on four cases regarding data retention regimes in France, Belgium and the UK, in the context of these Members States’ surveillance programmes.
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Danish data retention: Back to normal after major crisis
The Danish police and the Ministry of Justice consider access to electronic communications data to be a crucial tool for investigation and prosecution of criminal offences. Legal requirements for blanket data retention, which originally transposed the EU Data Retention Directive, are still in place in Denmark, despite the judgments from the Court of Justice of […]
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ePrivacy: Private data retention through the back door
Blanket data retention has been prohibited in several court decisions by the European Court of Justice (ECJ) and the German Federal Constitutional Court (BVerfG). In spite of this, some of the EU Member States want to reintroduce it for the use by law enforcement authorities – through a back door in the ePrivacy Regulation.
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EU Member States willing to retain illegal data retention
With its judgments in April 2014 (Digital Rights Ireland ) and December 2016 (Tele2 ), the Court of Justice of the European Union (CJEU) ruled that blanket data retention was illegal under EU law. Rather than repealing their illegal data retention laws, EU Member States have instead adopted a tactic of ignoring the highest court […]
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Danish High Court ruling on data retention use and file sharing cases
On 7 May 2018, the Eastern High Court in Denmark delivered a ruling that internet service providers (ISPs) are not required to disclose subscriber information in file sharing cases.
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Eurojust: No progress to comply with CJEU data retention judgements
A recently published Eurojust report on data retention in Europe confirms that EU Member States failed to make meaningful progress towards complying with fundamental rights standards, as clarified by the two Court of Justice of the European Union (CJEU) rulings banning blanket data retention.
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European Court confirms: Strict safeguards essential for data retention
Today, on 19 July 2016, the Advocate General (AG) Henrik Saugmandsgaard Øe of the Court of Justice of the European Union (CJEU) issued an Opinion on a case Tele2 Sverige AB v Post- och telestyrelsen (C-203/15) that deals with data retention obligations that were imposed by law on a Swedish telecom provider. The Court was […]
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