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European Observer on fundamental right's respect

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Case Law Joined case C-511/18, C-512/18, C-520/18 (05/10/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/05/2020

Subject: The Court affirmed that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security. However, in situations where a Member State is facing a serious threat to national security that proves to be genuine and present or foreseeable, that Member State may derogate from the obligation to ensure the confidentiality of data relating to electronic communications by requiring, by way of legislative measures, the general and indiscriminate retention of that data for a period that is limited in time to what is strictly necessary, but which may be extended if the threat persists. As regards combating serious crime and preventing serious threats to public security, a Member State may also provide for the targeted retention of that data as well as its expedited retention. Such an interference with fundamental rights must be accompanied by effective safeguards and be reviewed by a court or by an independent administrative authority. Likewise, it is open to a Member State to carry out a general and indiscriminate retention of IP addresses assigned to the source of a communication where the retention period is limited to what is strictly necessary, or even to carry out a general and indiscriminate retention of data relating to the civil identity of users of means of electronic communication, and in the latter case the retention is not subject to a specific time limit

Parties: La Quadrature du net et a.

Classification: Freedoms - Art. 7 Privacy - Communications - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Art. 11 Freedom of expression

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