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ARTICLE · 30 APRIL 2014

Data Retention Directive Declared Invalid By The Court Of Justice

The Court of Justice declared the directive n° 2006/24/EC on the retention of data invalid.

European UnionPrivacy

On 8 April 2014, the Court of Justice declared the directive n° 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available communications services or of public communications networks and amending Directive 2005/58/EC (the "Data Retention Directive") invalid.

The Data Retention Directive required operators to retain certain categories of data, allowing the identification of users and the access to details of phone calls and emails, but excluding their content, during a period of 6 months (as Luxembourg chose to implement) to 2 years. Such data could then be used by the public authorities for the prevention, investigation, detection and prosecution of "serious crimes", as defined by each Member State.

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