Data Retention Directive Declared Invalid By EU Court Of Justice

On 8 April 2014, the Court of Justice of the European Union ("CJEU") declared Directive 2006/24/EC (the "Data Retention Directive") invalid.

The judgement was issued in response to a preliminary ruling request from the Irish High Court and the Austrian Constitutional Court, who queried the Directive's validity in light of the fundamental rights to privacy, data protection and freedom of expression guaranteed by the Charter of Fundamental Rights of the EU (the "Charter"). After an examination of the terms of the Directive, the Charter and relevant case law, the CJEU found that the Directive, although pursing a legitimate aim, constituted a wholly disproportionate restriction on these rights and therefore declared it invalid with immediate effect.