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15th January 2020
Data, Tech & IP Human Rights

Advocate General: National measures to combat terrorism, under review of EU data protection and privacy rules

Advocate General Campos Sánchez-Bordona has published his Opinions today in the latest preliminary reference procedures concerning the Directive on privacy and electronic communications and national measures to combat terrorism. Following previous case law of the Court of Justice in Digital Rights Ireland, Tele2 Sverige and Watson, the Advocate General proposes that Member States cannot impose on the providers of electronic communication services an obligation of general and indiscriminate retention of data for the purposes of safeguarding national security and combating crime and terrorism.

The cases result from preliminary references sent by the French Conseil d’État, the Belgian Constitutional Court, and the UK’s Investigatory Powers Tribunal.

The full text of the Opinion in Privacy International is available here.

The full text of the Opinion in La Quadrature du Net (in French) is available here:

The full text of Ordre des barreaux francophones et germanophone (in French) is available here.

The Court’s press release (in English) is available here.

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