The Constitutional Court of Austria ('the
Court') declared - on 27 June 2014 - data retention laws in Austria
unconstitutional. Austria is the first EU Member State (MS) to annul
data retention laws following the European Court of Justice (CJEU)'s
decision to annul the Data Retention Directive (2006/24/EC) on 8 April
2014.
The Court set aside the data retention
provisions in the Austrian Telecommunications Act, the Police
Authorisation Act and the Criminal Procedure Act. Companies now would
only be obliged to retain data for specific purposes provided by law,
such as billing of fault recovery.
''There is no requirement and legitimisation for retaining data beyond the limits provided by the general data provisions [and] this would also apply to data retained prior to the ruling," Dietmar Huemer, Attorney-at-Law at LEGIS, told DataGuidance. "The [data retention] provisions have been vacated as of 1 July 2014. The general data protection provisions apply."
''There is no requirement and legitimisation for retaining data beyond the limits provided by the general data provisions [and] this would also apply to data retained prior to the ruling," Dietmar Huemer, Attorney-at-Law at LEGIS, told DataGuidance. "The [data retention] provisions have been vacated as of 1 July 2014. The general data protection provisions apply."
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