- Jahrgang 2 (2016), Ausgabe 4
- Vol. 2 (2016), Nr. 4
- >
- Seiten 590 - 595
- pp. 590 - 595
Strict Safeguards to Restrict General Data Retention Obligations Imposed by the Member States
Opinion of Advocate General Saugmandsgaard Øe in Joined Cases C-203/15 and C-698/15 Tele2 Sverige AB v Post-och telestyrelsen and Secretary of State for Home Department v Watson and others, 19 July 2016, ECLI:EU:C:2016:572
The ePrivacy Directive and the Charter do not prohibit Member States per se from imposing a general data retention obligation on providers of electronic communications services. However, the national courts must determine whether the obligation is circumscribed by strict safeguards, including all the safeguards set out in Digital Rights Ireland.
Article 15(1) ePrivacy Directive – Articles 7, 8 and 52(1) Charter