Landmark Decision ECJ: Telecom Data Retention Directive Invalid

The Court of Justice of the European Union (ECJ) issued a landmark decision on 8 April 2014 invalidating the retention of telecommunication traffic and location data by telecom service providers and the access to that data by national authorities under the EU Data Retention Directive 2006/24/EC. The ECJ concluded that the Directive disproportionally interferes with the fundamental rights of European citizens to private life and protection of personal data. The ruling applies retroactively to the moment the Directive entered into force on 3 May 2006. The ECJ has thus removed the legal foundation for the current retention by the telecom service providers of individual's traffic and location data, and the right by the competent authorities to request that data. On 8 April 2014 we issued a Legal Alert about this ruling.