![]() Why national courts keep referring questions to the CJEU when there’s ample jurisprudence on the incompatibility of general and indiscriminate data retention with EU law is question - however the underlying strategy (of Member States) looks akin to a war of attrition, with national lawmakers taking each CJEU strike down as an opportunity to regroup and redouble their efforts with a fresh bulk collection law, battering ram style, in the hopes of exploiting cracks in the legal shielding against general retention.Įarlier this year the CJEU sharpened its guidance vis-a-vis targeted exceptions - when it said may be permissible for gathering digital evidence in bulk to fight serious crime, such as by targeting places with a high instance of crime or a high volume of visitors (such as airports), or other locations which host critical infrastructure. ![]() And so the legal challenges and CJEU rulings continue to flow. But so are EU Member States’ appetites for grabbing and holding data for wide-ranging ‘crime fighting’ purposes despite indiscriminate bulk collection being demonstrably incompatibility with fundamental EU human rights laws. We have been here before, many times - so the déjà vu is real. Its ruling there also upholds existing case law that essentially means EU Member States can’t (or, well, shouldn’t) deploy creative workarounds to (try to) avoid a CJEU declaration that a national law requiring general and indiscriminate retention of telecoms data is invalid under EU law. ![]() “The general and indiscriminate retention of traffic data by operators providing electronic communications services for a year from the date on which they were recorded is not authorised, as a preventive measure, for the purpose of combating market abuse offences including insider dealing,” the CJEU writes in a second press release, on the French referral. Adviser to EU’s top court suggests German bulk data retention law isn’t legal ![]()
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