Friday, January 16, 2015

EU countries that set data retention rules must ensure they comply with e-Privacy Directive, says new legal opinion

The Court of Justice of the EU (CJEU) ruled last April that specific EU rules on data retention by telecoms providers, set out under the EU Data Retention Directive, disproportionately infringed on privacy rights enjoyed by EU citizens.

In its opinion, the European Parliament's Legal Services unit said EU countries, since the CJEU's judgment, have had the option of either repealing their own laws on data retention or maintaining them. However, it said that should countries choose to maintain the rules then those rules must adhere to the e-Privacy Directive.

"It is … clear that, as a result of the invalidity of the Data Retention Directive, Article 15(1) of the e-Privacy Directive is … applicable to the national measures dealing with data retention in the electronic communications sector," the Legal Services unit said, according to the leaked document published by civil liberties group Access (27-page / 3.85MB PDF).


read full article at Out Law

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