Skip to main content

EU court dismantles law requiring phone companies to retain customer data

eu court ruling against data retention europaeischer gerichtshof in luxemburg
Photo via www.lvz-online.de Image used with permission by copyright holder

The European Union’s top court has struck down a regional law that required telecom companies to store customer phone data for up to two years. The EU Data Retention Directive, which became law in March 2006, was declared as “invalid” by the European Court of Justice.

“The Court takes the view that by requiring the retention of those data and by allowing the competent national authorities to access those data, the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data,” the court said in a press release. “Furthermore, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the persons concerned a feeling that their private lives are the subject of constant surveillance.”   

The proceedings were the result of complaints lodged by the High Court of Ireland and the Constitutional Court of Austria. In the ruling, the court questioned many aspects of the law such as the data retention period, which has a prescribed length of at least six months, and the broad coverage of the directive.

The ECJ also expressed concern over the lack of protection for citizens under the law, saying  there were not enough safeguards to prevent abuse or ensure that data is destroyed at the end of the retention period.

The decision mirrors a district court judge’s ruling last December that declared NSA surveillance as “likely unconstitutional” and in violation of the Constitution’s provisions against unreasonable searches. However, the NSA case has yet to be heard in the Supreme Court. Yesterday, the high court said that it would not hold proceedings on the matter until the case goes through the appeals process.

Editors' Recommendations

Christian Brazil Bautista
Christian Brazil Bautista is an experienced journalist who has been writing about technology and music for the past decade…
AT&T just made it a lot easier to upgrade your phone
AT&T Storefront with logo.

Do you want to upgrade your phone more than once a year? What about three times a year? Are you on AT&T? If you answered yes to those questions, then AT&T’s new “Next Up Anytime” early upgrade program is made for you. With this add-on, you’ll be able to upgrade your phone three times a year for just $10 extra every month. It will be available starting July 16.

Currently, AT&T has its “Next Up” add-on, which has been available for the past several years. This program costs $6 extra per month and lets you upgrade by trading in your existing phone after at least half of it is paid off. But the new Next Up Anytime option gives you some more flexibility.

Read more
Motorola is selling unlocked smartphones for just $150 today
Someone holding the Moto G Stylus 5G (2024).

Have you been looking for phone deals but don’t want to spend a ton of money on flagship devices from Apple and Samsung? Have you ever considered investing in an unlocked Motorola? For a limited time, the company is offering a $100 markdown on the Motorola Moto G 5G. It can be yours for just $150, and your days and nights of phone-shopping will finally be over!

Why you should buy the Motorola Moto G 5G
Powered by the Snapdragon 480+ 5G CPU and 4GB of RAM, the Moto G delivers exceptional performance across the board. From UI navigation to apps, games, and camera functions, you can expect fast load times, next to no buffering, and smooth animations. You’ll also get up to 128GB of internal storage that you’ll be able to use for photos, videos, music, and any other mobile content you can store locally. 

Read more
The Nokia 3210 is the worst phone I’ve used in 2024
A person holding the Nokia 3210, showing the screen.

Where do I even start with the Nokia 3210? Not the original, which was one of the coolest phones to own back in a time when Star Wars: Episode 1 -- The Phantom Menace wasn’t even a thing, but the latest 2024 reissue that has come along to save us all from digital overload, the horror of social media, and the endless distraction that is the modern smartphone.

Except behind this facade of marketing-friendly do-goodery hides a weapon of torture, a device so foul that I’d rather sit through multiple showings of Jar Jar Binks and the gang hopelessly trying to bring back the magic of A New Hope than use it.
The Nokia 3210 really is that bad

Read more