European Union:
Landmark Decision ECJ: Telecom Data Retention Directive Invalid
15 April 2014
De Brauw Blackstone Westbroek N.V.
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The Court of Justice of the European Union (ECJ) issued a
landmark decision on 8 April 2014 invalidating the retention of
telecommunication traffic and location data by telecom service
providers and the access to that data by national authorities under
the EU Data Retention Directive 2006/24/EC. The ECJ concluded that
the Directive disproportionally interferes with the fundamental
rights of European citizens to private life and protection of
personal data. The ruling applies retroactively to the moment the
Directive entered into force on 3 May 2006. The ECJ has thus
removed the legal foundation for the current retention by the
telecom service providers of individual's traffic and location
data, and the right by the competent authorities to request that
data. On 8 April 2014 we issued a
Legal Alert about this ruling.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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