European Union: ECJ Invalidates Data Retention Directive

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The Law Library of Congress is proud to present a new report, European Union: ECJ Invalidates Data Retention Directive.

In April 2014, the Grand Chamber of the European Court of Justice (ECJ) declared Directive 2006/24/EC (the Data Retention Directive) invalid on the ground that European Union legislators had exceeded the limits of proportionality in forging the Directive. In particular, the Court held that the Directive entailed serious interference with the rights to privacy and personal data protection of individuals guaranteed by the Charter of Fundamental Rights, and also failed to establish limits on access by competent national authorities, such as prior review by a judicial or an independent administrative authority. Because the ECJ did not specify otherwise, the Data Retention Directive is void ab initio and EU Members who have transposed the Directive into their national legal systems must ensure compliance with the ECJ’s judgment.

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