This morning, the European Court of Justice-the EU’s top court- gave its judgment on the EU’s data retention directive.
The ECJ has struck down the Data Retention Directive (Directive 2006/24/EC) because it is incompatible with the EU Charter of Fundamental Rights.
In particular they say;
‘It therefore entails an interference with the fundamental rights of practically the entire European population’ (Para 56)
‘It must be held that, by adopting Directive 2006/24 the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter’ (Para 69)
Background to today’s decision:
Digital Rights Ireland: Judgment Day Q&A
Our previous posts on this case, including full text copy pleadings.
Press Release from the ECJ on ECJ Judgment on Data Retention Directive