Feature
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Data retention: another no from the ECJ – with a big but

The data retention of connection data for all mobile connections and location data, which has been controversial for years, once again had to be decided by the European Court of Justice. The ECJ judges further specified why general data retention is impermissible – but at the same time they opened up some major loopholes.
By
Falk Steiner
Image of Falk Steiner

Since the landmark ruling in 2014 on mass and comprehensive data retention without any reason, as decided in 2006, the judges have had to deal with creative ideas from the member states time and again. Throughout Europe, legislators were not deterred from once again adopting variants of data retention – in Germany, most recently by the grand coalition of CDU, CSU, and SPD in 2015. At the end of 2016, the ECJ then specified once again in another ruling the extent to which data retention violates European law – which ultimately led to the obligation to implement it in Germany being suspended since 2017.

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