3 ms·

> reproved the retention of data on a number of occasions Source?

triska 5y ago
Quoting for example from https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-10/cp200123en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/202..., "The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security": "Thus, in the judgment of 8 April 2014, Digital Rights Ireland and Others (C-293/12 and C-594/12) (see Press Release No 54/14), the Court declared 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 (OJ 2006 L 105, p. 54), invalid on the ground that the interference with the rights to respect for private life and to the protection of personal data, recognised by the Charter of Fundamental Rights of the European Union (‘the Charter'), which resulted from the general obligation to retain traffic data and location data laid down by that directive was not limited to what was strictly necessary. In the judgment of 21 December 2016, Tele2 Sverige and Watson and Others (C-203/15 and C-698/15) (see Press Release No 145/16), the Court then interpreted Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ 2009 L 337, p. 11) ('the directive on privacy and electronic communications')."

Quoting for example from https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-10/cp200123en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/202..., "The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security": "Thus, in the judgment of 8 April 2014, Digital Rights Ireland and Others (C-293/12 and C-594/12) (see Press Release No 54/14), the Court declared 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 (OJ 2006 L 105, p. 54), invalid on the ground that the interference with the rights to respect for private life and to the protection of personal data, recognised by the Charter of Fundamental Rights of the European Union (‘the Charter'), which resulted from the general obligation to retain traffic data and location data laid down by that directive was not limited to what was strictly necessary. In the judgment of 21 December 2016, Tele2 Sverige and Watson and Others (C-203/15 and C-698/15) (see Press Release No 145/16), the Court then interpreted Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ 2009 L 337, p. 11) ('the directive on privacy and electronic communications')."