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Strict Safeguards to Restrict General Data Retention Obligations Imposed by the Member States

Caroline Calomme


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

Caroline Calomme is Lecturer in Private Law, Maastricht University, The Netherlands. For correspondence: <>.
art 15(1) of Directive 2002/58/EC of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector [2002] OJ L20/37, as amended by Directive 2009/136/EC of 25 November 2009 [2009] OJ L337/11; arts 7, 8 and 52(1) of the Charter of Fundamental Rights of the European Union [2000] OJ C364/1.


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