[At-Large] European Union Court of Justice ruling on data retention.

Subrenat, Jean-Jacques jjs at dyalog.net
Wed Apr 9 08:32:48 UTC 2014

On 9 april, the European Union Court of Justice (EUCJ) ruled that

"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".

This ruling follows requests by associations representing civil society in Ireland (Digital Rights Ireland, Ltd.) and Austria (Verfassungsgerichtshof). It
- requires the European Union to provide enhanced protection for Internet and telecommunications users;
- while recognizing the legitimate concerns posed by criminal and terrorist activities, imposes improved protection of personal data and privacy.

For those not familiar with the legal system of the European Union, when the new Directive will have been adopted as a result of this ruling, it will be transposed into the national legislation of each Member State.

To my knowledge, this ruling represents one of the most (if not the most) advanced legislation in the world regarding the protection of Internet user rights and privacy.

The full ruling can be read
- in English, http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0293&lang1=fr&type=TXT&ancre= 
- in French, http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0293&lang1=fr&type=TXT&ancre= 
- in German, http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0293&lang1=fr&type=TXT&ancre= 


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