Guidelines

Why was the data Retention Directive invalid?

Why was the data Retention Directive invalid?

On April 8, 2014, the European Court of Justice ruled that the EU Data Retention Directive is invalid because it disproportionally interferes with the European citizens’ rights to private life and protection of personal data. The Court’s ruling applies retroactively to the day the Directive entered into force.

Why was data Retention Directive invalidated in 2014?

On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid in response to a case brought by Digital Rights Ireland against the Irish authorities and others because blanket data collection violated the EU Charter of Fundamental Rights, in particular the right of privacy.

What does GDPR say about data retention?

GDPR does not specify retention periods for personal data. Instead, it states that personal data may only be kept in a form that permits identification of the individual for no longer than is necessary for the purposes for which it was processed.

What is data retention period?

A data retention period refers to the amount of time that an organization holds onto information. Different data should have different retention periods. Best practice dictates that data should only be kept only as long as it’s useful.

When was the Data Retention Directive declared invalid?

On 8 April 2014, in the landmark Digital Rights Ireland and Ors case, the Court of Justice of the European Union declared the Directive 2006/24/EC invalid for violating fundamental rights.

Is the Data Retention Directive illegal in the EU?

A legal opinion funded by the Greens–European Free Alliance in the European Parliament found that the blanket retention of data of unsuspicious persons generally violates the EU Charter of Fundamental Rights, both in regard to national telecommunications data retention laws and to similar EU data retention schemes…

What was the main objective of the Data Retention Directive?

The main objective of the Data Retention Directive1is to harmonise Member States’ provisions concerning the retention of certain data which are generated or processed by providers of publicly available electronic communications services or of public communications networks.

Which is not covered by Directive 2002 / 58 / EC?

Article 15 (1) of Directive 2002/58/EC continues to apply to data, including data relating to unsuccessful call attempts, the retention of which is not specifically required under this Directive and which therefore fall outside the scope thereof, and to retention for purposes, including judicial purposes, other than those covered by this Directive.