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The European Court of Justice (ECJ) Tuesday ruled that Germany’s data retention statute is not compatible with EU law. German telecommunication companies SpaceNet and Telekom Deutschland brought actions in German courts arguing that Germany’s Law on Telecommunications (TKG) breached EU rules.
The TGK law imposed an obligation on telecom operators to retain customers’ traffic data for 10 weeks and location data for four weeks. The ECJ ruled in favor of the telecom operators, stating that “EU law precludes the general and indiscriminate retention of traffic and location data.” However, the court confirmed that exceptions for the retention of data do exist in specific circumstances, such as for “the purposes of prosecuting serious criminal offences or preventing a specific risk to national security.”
The ECJ made a similar ruling against a French law on mass data retention Tuesday. In this case, the ECJ ruled that “general and indiscriminate retention of traffic data” for a year after collection is “not authorised, as a preventive measure, for the purpose of combating market abuse offences including insider dealing.”
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The TGK law imposed an obligation on telecom operators to retain customers’ traffic data for 10 weeks and location data for four weeks. The ECJ ruled in favor of the telecom operators, stating that “EU law precludes the general and indiscriminate retention of traffic and location data.” However, the court confirmed that exceptions for the retention of data do exist in specific circumstances, such as for “the purposes of prosecuting serious criminal offences or preventing a specific risk to national security.”
The ECJ made a similar ruling against a French law on mass data retention Tuesday. In this case, the ECJ ruled that “general and indiscriminate retention of traffic data” for a year after collection is “not authorised, as a preventive measure, for the purpose of combating market abuse offences including insider dealing.”
The post EU Court of Justice rules indiscriminate data retention illegal appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.