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European Observer on fundamental right's respect

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Case Law C-140/20 (18/11/2021)

Type: Conclusion of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/18/2021

Subject: According to the Advocate general, the EU Law precludes national legislation which requires providers of publicly available electronic communications services to retain, on a preventive, general and indiscriminate basis, the traffic and location data of end users of those services for purposes other than the safeguarding of national security against a threat which is shown to be genuine and present or foreseeable and which does not make access by the competent authorities to retained traffic and location data subject to a prior review carried out either by a court or by an independent administrative body. Moreover, according to Advocate general, a national court may not limit in time the effects of a declaration of illegality of domestic legislation which imposes on suppliers of electronic communications services, with a view to, inter alia, safeguarding national security and combating crime, an obligation requiring the general and indiscriminate retention of traffic and location data that is incompatible with Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8, 11 and 52(1) of the Charter of Fundamental Rights

Parties: Commissioner of the Garda Síochána e a.

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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