Type: Conclusion of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/18/2021

Subject: According to the Advocate general, Directive 2003/6/EC (market abuse) and Regulation (EU) No 596/2014 (market abuse) preclude national legislation which imposes on electronic communications undertakings an obligation to retain traffic data on a general and indiscriminate basis in the context of an investigation into insider dealing or market manipulation and abuse. A national court cannot limit in time the effects of the incompatibility with EU law of domestic legislation which imposes on providers of electronic communications services an obligation to retain traffic data on a general and indiscriminate basis which is incompatible with Directive 2002/58/EC on privacy and electronic communications, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union, and which allows the administrative authority responsible for carrying out investigations into market abuse to secure the disclosure of connection data without prior review by a court or an independent administrative authority

Parties: VD e SR

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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