3 ms·
There are exemptions for national security, but they have to be proportionate (and if you read the judgment of the court, they're pointing at a high bar there)
by M2Ys4U 11y ago
There are exemptions for national security, but they have to be proportionate (and if you read the judgment of the court, they're pointing at a high bar there) and non-discriminatory with regards to citizenship.
Part of the problem with SH was the fact that there was no legal recourse at all for EU citizens.
Also, let's not forget that the CJEU stuck down the Data Retention Directive recently - so they are enforcing this human right against EU member states. They just have to wait for the right referral to their court.