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European Observer on fundamental right's respect

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Case Law Joined cases C-203/15, C-698/15 (20/12/2016)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/20/2016

Subject: According to the Court, the Members States may not impose a general obligation to retain data on providers of electronic communications services. EU law precludes a general and indiscriminate retention of traffic data and location data, but it is open to Members States to make provision, as a preventive measure, for targeted retention of that data solely for the purpose of fighting serious crime, provided that such retention is, with respect to the categories of data to be retained, the means of communication affected, the persons concerned and the chosen duration of retention, limited to what is strictly necessary. Access of the national authorities to the retained data must be subject to conditions, including prior review by an independent authority and the data being retained within the EU

Parties: Tele2 Sverige

Classification: Freedoms - Art. 7 Privacy - Communications - Art. 8 Personal data: independent authority

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