Politico reports the French Council of State has orders from the government to bypass a prior decision by the Court of Justice of the European Union regarding data retention. The case, which relates to limiting surveillance activities using phone and internet data, was sent back to the Council of State following the CJEU's ruling. France's government is seeking to invoke "constitutional identity" and allow the Council of State to effectively overlook the CJEU, which France claims shouldn't rule on security matters.
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