Data retention update: the global battle to stop data stockpiling continues
Tue 14 Apr 2015, 13:40

After courts invalidated data retention laws in Ireland, Austria, Romania, Slovakia, and Slovenia in 2014, now, in the same week, data retention laws in the Netherlands and Bulgaria have also been rejected by their national courts. Yesterday, the Swedish Administrative Court of Appeal decided to refer the Swedish national data retention law, which was also based on the EU data retention directive, to the CJEU.

Data retention legislation is also being challenged beyond EU borders. However, unfortunately, we are also seeing new proposals emerge that would put privacy and other fundamental rights in jeopardy.

In Germany, a broad coalition at the Bundestag, the German legislature, has signaled its support for a new law on data retention. This development comes despite the fact that a previous bill was overruled by the German Constitutional Court, likely because recent terrorist attacks in the EU are serving to reinforce the arguments justifying the use of data retention for law enforcement purposes.

Also deeply troubling is a new proposal in France to reform intelligence services that was presented to the Parliament on March 19th.