The EU Court of Justice declares the Data Retention Directive to be invalid

The EU Court of Justice passed on April 8 a ruling against the Data Retention Directive, which compels providers of publicly available electronic communications services or public communications networks to store EU citizens’ data for up to two years, on the grounds that it violates several fundamental rights.

The directive, which imposes a period of at least six months and a maximum of 2 years, does not state the objective criteria on the basis of which the period of retention must be determined in order to ensure that it is limited to what is strictly necessary, ruled the Court.

It also does not provide for sufficient safeguards to ensure effective protection of the data against the risk of abuse and against any unlawful access and use of the data, the Court also said.

The Court states that the directive does not require that the data be retained within the EU.

The Data Retention Directive aimed to ensure that the data is available for the purpose of the prevention,investigation, detection and prosecution of serious crime.

Read more about

Bucharest startup scene maintains positive outlook as economy grows

read more

The directive stipulated that the providers of publicly available electronic communications services or of public communications networks must retain traffic and location data as well as related data necessary to identify the subscriber or user. The directive did not allow the retention of the content of the communication or of information consulted.

However, the Court ruled that by requiring the retention of those data and by allowing the competent national authorities to access those data, the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data.
Otilia Haraga