laws of the European Union requiring communications providers to retain metadata is invalid because they seriously interfere with the fundamental rights of privacy, the Court of justice of the European Union (CJEU) ruled Tuesday.
Retention Directive of the EU data requires telecommunications and Internet service providers to retain traffic and location data and the related data necessary to identify the subscriber or user. This is necessary for the prevention, investigation, detection and prosecution of serious crime, in particular organized crime and terrorism.
However, the Irish High Court and the Constitutional Court of Austria doubted the validity of the directive, and asked the ECJ to consider whether it violates fundamental rights to respect for life private and personal data protection in the Charter of fundamental rights of the EU, the court said.
the CJEU found the directive interferes with these rights and declared invalid, a decision welcomed by activists in online privacy.
European Commission said it will assess the verdict of the court and its effects.
MEP Sophie 't Veld said, "It is good that Parliament gets a slap on the wrist. Now we can finally remove this unhealthy law, "adding that future laws against terrorism must respect civil rights.
European Group Digital Rights (EDRI) Executive Director Joe McNamee called the law an affront the fundamental rights of European citizens and said the decision marked the end of "eight years of abuse of personal data."
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