The ever-growing complexity of the data retention discussion in the EU: An in-depth review of La Quadrature du Net and others and Privacy International

Sarah Eskens*

*Corresponding author for this work

Research output: Contribution to JournalArticleAcademicpeer-review

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Abstract

The data retention discussion in the EU is becoming ever more complex. In La Quadrature du Net and others and Privacy International, the CJEU applied its data retention standards to a wide variety of new facts, including data retention, transmission, and automated analysis, both for law enforcement and national security goals. Moreover, the CJEU identified a diverse range of situations in which EU law permits data retention and similar measures on a general and indiscriminate basis. The two judgments provide new opportunities for large scale data retention but raise novel questions about the scope of EU law over national security issues, and the CJEU’s reasoning is too brief in some respects.
Original languageEnglish
Pages (from-to)143-155
Number of pages13
JournalEuropean Data Protection Law Review
Volume8
Issue number1
DOIs
Publication statusPublished - 14 Apr 2022

Bibliographical note

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Joined Cases C-511/18, C-512/18 and C-520/18 La Quadrature du Net and others [2020] ECLI:EU:C:2020:791; Case C-623/17 Privacy International [2020] ECLI:EU:C:2020:790.

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