The Court Confirms That the Principles of EU Law Preclude the General and Indiscriminate Retention of Traffic and Location Data for the Combating of Serious Crimes

The Court of Justice of the European Union (“the Court”) published a press release numbered 58/22 and dated April 5, 2022, including the rejection regarding indiscriminate retention of traffic and location data for combating serious crime.

In Ireland, G.D. who was sentenced to life imprisonment for the murder of a woman appealed against the ruling and he criticized the legality and admissibility of admitted traffic and location data evidence. G. D. claimed that access and retention to that data infringed his rights which were conferred on him by EU Law. In response to this appeal, the Court laid the requirements in respect of the retention of those data to combat serious crimes on the table.

In the Court judgment, it is stated that the general and indiscriminate retention of traffic and location data relating to electronic communications, to combat serious crime was precluded by EU Law as a preventative measure. According to Articles 7 and 8 of the Charter, interference with the fundamental rights such as respecting private life and protection of personal data, a derogation from the prohibition of the storage of those data enshrined. Member states can impose restrictions on these rights for combating crime.

However, these limitations should comply with the principles of European Union Law and the proportionate nature. Combating a serious crime, as fundamental as it may be, whether the general and indiscriminate retention of all traffic and location data should be considered to be necessary or not.

The Court does not preclude legislative measures subject to the conditions set out in its judgment, to combat serious crime and prevent serious threats to public security, for:

• according to the categories of persons concerned or using a geographical criterion “the targeted retention of traffic and location data which is limited“
• the general and indiscriminate retention of IP addresses assigned to the source of an internet connection
• the general and indiscriminate retention of data relating to the civil identity of users of electronic communications systems
• (quick freeze) of traffic and location data in the possession of those service providers”retention the expedited

The Court also highlighted that public authorities have many positive obligations including legislating for the protection of family and private life, home and communications, and also individual’s physical and mental integrity. In particular, torture and inhuman and degrading treatment should be prevented by the strike legal regulations.

You can find the full text of the press release here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr