12 Digital Rights Ireland Et Al - Case Summary

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The Data Retention Directive required telecommunications companies to retain data of customers for the purpose of crime prevention and investigation and national security was ruled as contrary to human rights and thereby invalid by the European Court of Justice.

The Data Retention Directive required telecommunications companies to retain data of customers for the purpose of crime prevention and investigation and national security.
The applicant challenged the validity of the directive against the Article 7 (right to privacy) and Article 8 (right to protection of personal data) of the Charter of Fundamental Rights.

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 of Fundamental Rights.
The directive does not lay down clear and precise rules governing the extent of interference with Articles 7 and 8 Charter.
It also does not provide sufficient safeguards to protect the data retained against the risk of abuse and against unlawful access of the data.

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