Data retention in the EU was underpinned by a legal framework established by the Data Retention Directive (2006/24/EC). Why is the Directive no longer part of EU law?

Question

Options

• AThe Directive was superseded by the EU Directive on Privacy and Electronic Communications.
• BThe Directive was superseded by the General Data Protection Regulation.
• CThe Directive was annulled by the Court of Justice of the European Union.
• DThe Directive was annulled by the European Court of Human Rights.

• A
  3% (1)
• B
  3% (1)
• C
  94% (29)

Explanation

The Data Retention Directive (2006/24/EC) was a legal framework that required Member States to ensure that providers of publicly available electronic communications services or of public communications networks retained certain data for a period of between six months and two years, for the purpose of the prevention, investigation, detection and prosecution of serious crime. However, on 8 April 2014, the Court of Justice of the European Union (CJEU) declared the Directive invalid, as it entailed a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without limiting the access of the competent national authorities to the data retained to what was strictly necessary. The CJEU also found that the Directive did not provide sufficient safeguards to ensure effective protection of the data against the risk of abuse and against any unlawful access and use of the data. Therefore, the Directive is no longer part of EU law.

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