Type: Conclusion of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/18/2021

Subject: According to the Advocate general, Article 15(1) of Directive 2002/58/EC on privacy and electronic communications, in conjunction with Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union and Article 4(2) TEU, precludes national legislation which obliges providers of publicly available electronic communications services to retain traffic and location data of end users of those services on a precautionary, general and indiscriminate basis for purposes other than that of safeguarding national security in the face of a serious threat that is shown to be genuine and present or foreseeable

Parties: SpaceNet e Telekom Deutschland

Classification: Freedoms - Art. 7 Privacy - Communications - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Art. 11 Freedom of information - General provisions - Art. 52 Scope of guaranteed rights

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