The Data Retention Directive Never Existed

12 Pages Posted: 17 Jul 2014 Last revised: 2 Oct 2014

See all articles by Judith Rauhofer

Judith Rauhofer

University of Edinburgh - School of Law

Daithi Mac Sithigh

Queen's University Belfast - School of Law

Date Written: April 16, 2014

Abstract

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

Suggested Citation

Rauhofer, Judith and Mac Sithigh, Daithi, The Data Retention Directive Never Existed (April 16, 2014). SCRIPTed, 2014, 11(1), Edinburgh School of Law Research Paper No. 2014/34, Available at SSRN: https://ssrn.com/abstract=2467244

Judith Rauhofer

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Daithi Mac Sithigh (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

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