Op-Ed: “La Quadrature du Net e.a. : balancing data retention with general interests and the right to security…again” by Catherine Van de Heyning
In the joined cases La Quadrature du Net e.a. (C-511/18, C-512/18 and C-520/18), the French Conseil d’Etat and the Belgian Constitutional Court asked the Court of Justice to refine its Tele2/Watson reasoning (C-203/15 and C-698/15) on the retention of communication data. In its previous case law, the Court found that the e-Privacy Directive and the protection of privacy and personal data in Articles 7 and 8 of the EU Charter preclude national legislation that requires telecommunication operators and providers to uphold an indiscriminate and general retention of communication data. Only targeted retention of location and traffic data is allowed, namely if limited in time, geographical location and to persons concerned.