Today, on 19 July 2016, the Advocate General Henrik Saugmandsgaard Øe of the Court of Justice of the European Union issued an Opinion on a case Tele2 Sverige AB v Post- och telestyrelsen (C-203/15) that deals with data retention obligations that were imposed by law on a Swedish telecom provider.
The Court was asked a set of questions related to the respect of European Union law, in the context of the data retention laws in Sweden and the UK. In the Opinion issued today, the AG re-stated principles that were previously established in the Digital Rights Ireland case. He also provided extensive further analysis of the legal context that national courts need to consider when they “rigorously verify that no other measure or combination of measures” can be as effective as the national data retention regime being proposed.
On 8 September 2016, the Advocate General of the Court of Justice of the European Union gave his Opinion confirming that the agreement between EU and Canada to share Passenger Name Records data is not fully in compliance with European law. The EU-Canada agreement is the least restrictive PNR agreement that the EU has so far adopted.
CJEU advocate general says TV is an essential part of a hotel's activity.
These were the important questions that the Dutch Supreme Court (Hoge Raad der Nederlanden) had referred to the Court of Justice of the European Union (CJEU) in Stichting Brein v Ziggo, C-610/15 (also known as The Pirate Bay case). In his Opinion in February last Advocate General (AG) Szpunar answered both questions in the affirmative.