Set by the law · CJEU C-293/12 Digital Rights Ireland and Others, operative part

Data retention (telecoms)

In plain English

Laws requiring telecoms providers to keep traffic and location data. The Court of Justice declared the EU Data Retention Directive invalid and precludes general, indiscriminate preventive retention, with exceptions such as serious threats to national security.

The official text

Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.

Court of Justice of the EU, judgment of 8 April 2014, Digital Rights Ireland and Others, C-293/12, operative partEUR-Lex

must be interpreted as precluding legislative measures which, for the purposes laid down in Article 15(1), provide, as a preventive measure, for the general and indiscriminate retention of traffic and location data

Court of Justice of the EU, judgment of 6 October 2020, La Quadrature du Net and Others, C-511/18, operative part, point 1EUR-Lex

does not preclude legislative measures that: – allow, for the purposes of safeguarding national security, recourse to an instruction requiring providers of electronic communications services to retain, generally and indiscriminately, traffic and location data in situations where the Member State concerned is confronted with a serious threat to national security

Court of Justice of the EU, judgment of 6 October 2020, La Quadrature du Net and Others, C-511/18, operative part, point 1EUR-Lex

Related

The official text is quoted word for word from the English version of the source named under it; only the version published in the Official Journal of the EU is legally binding. The plain-English line is Fino’s own summary, not legal advice.