Data retention under scrutiny: EDPS makes case at EU Court of Justice

05 november 2019

On 9 - 10 September 2019, the EDPS was invited to appear before the EU Court of Justice (CJEU) in a joint hearing in a number of cases primarily relating to the retention of telecommunications data and to regimes governing access to electronic communications data by State authorities.

The Edps issued its pleading, concluding that in all four cases before the Court , the measures in question fall within the scope of Directive 2002/58 and as a consequence must comply with the requirements set out in Article 15(1) of the Directive. 

The Edps pointed out that, electronic communications data can provide revealing insights on a wide variety of aspects of a person’s life. 

Nevertheless, it might be possible to provide for a limited yet effective communications data retention and access regime in a manner compatible with the Charter. In this context, we submit that the retention and access to the retained data, including the substantive and procedural conditions, should not be considered in isolation. 

It is the responsibility of the legislator to regulate data retention and access in a comprehensive manner and in particular to strengthen the safeguards for access of competent authorities to the retained data. 

The EDPS suggested that Such safeguards should in particular include prior authorisation by a court or an independent authority, and meaningful ex post controls, including sanctions for non-compliance. 

Source: EDPS

News archive

 

Firm news

lug6

06/07/2020

PMI Digital Transformation: requisiti soggettivi per l’accesso ai fondi

E’ stato registrato dalla Corte dei Conti ed è in corso di pubblicazione nella Gazzetta Ufficiale il decreto attuativo del Ministero dello Sviluppo economico che favorisce la trasformazione

giu30

30/06/2020

White Paper on Artificial Intelligence

On June 29, 2020, EDPS issued its Opinion on the EuropeanCommission’s White Paper on Artificial Intelligence – A European approach to excellence and trust. The aim

giu30

30/06/2020

Antitrust:ICA: penalty of 2,875,000 euros to Enegan for billing electricity and gas charges not due by users

The Authority has concluded the proceedings filed against Enegan, by ascertaining the adoption by the abovementioned company of an incorrect practice in the context of the supply of electric power and