EU Court rejects German law on telecommunications data retention

EU Court rejects German law on telecommunications data retention

(Finance) – The Court of Justice of the European Union (CURIA), responding to the German Federal Administrative Court, stated that EU law precludes national legislation which provides, as a preventive measure, for the purpose of combating serious crime and preventing serious threats to public security, generalized and indiscriminate retention of data traffic and location data.

The pronouncement starts from the appeals of the German telecommunications operators SpaceNet and the Telekom Deutschland. They challenged before the German courts their obligation under the German Telecommunications Act (TKG) to retain, with effect from 1 July 2017, traffic data and location data relating to their customers’ telecommunications.

For the purposes of combating serious crime, Member States “may however, in strict compliance with the principle of proportionality, provide in particular targeted and / or rapid storage of similar data as well as a generalized and indiscriminate storage of IP addresses“.

(Photo: Court of Justice of the European Union)

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