The Data Retention Directive Never Existed
SCRIPTed, 2014, 11(1)
12 Pages Posted: 17 Jul 2014 Last revised: 2 Oct 2014
Date Written: April 16, 2014
Analysis of the decision of the Court of Justice of the European Union in Joined Cases C-293/12 (Digital Rights Ireland) and C-594/12 (Kärntner Landesregierung), on the validity of the Data Retention Directive.
The Court of Justice of the European Union (ECJ) has ruled that the 2006 Data Retention Directive is invalid. The basis of invalidity was the exceeding of the limits imposed by the principle of proportionality in the light of Articles 7, 8 and 52(1) of the EU Charter of Fundamental Rights (Charter). The decision was in respect of two joined preliminary references, one from Ireland and the other from Austria.
Keywords: data retention, privacy, European Union, human rights, data protection
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