Let there be no doubt: EU law unequivocally precludes the “general and indiscriminate retention of traffic data and location data.” This is clear following today’s judgment of the Court of Justice of the European Union in Tele2, which affirms that Court’s previous judgment in Digital Rights Ireland, from 2014. In that judgment, the CJEU held that the EU’s Data Retention Directive was invalid. Some EU member states, such as Sweden and the U.K., then continued to oblige telecommunications providers to generally retain data under their national laws. Today the EU held that such national laws must similarly comply with EU data protection rules and are thus similarly invalid. Denis Kelleher, CIPP/E, tackles the potential implications of the ruling in an exclusive for Privacy Tracker.
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