C-293/12 And C-594/12 Digital Rights Ireland Et Al - Case Summary

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Facts

  • 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

Ruling (Court of Justice)

  • The directive was invalid

Judgment

  • 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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