The Data Retention Directive Never Existed

Judith Rauhofer, Daithi Mac Sithigh

Research output: Working paper

Abstract

Analysis of the decision of the Court of Justice of the European Union in Joined Cases C-293/12 (Digital Rights Ireland) and C-594/12 (Kärntner Landesregierung), on the validity of the Data Retention Directive.

The Court of Justice of the European Union (ECJ) has ruled that the 2006 Data Retention Directive is invalid. The basis of invalidity was the exceeding of the limits imposed by the principle of proportionality in the light of Articles 7, 8 and 52(1) of the EU Charter of Fundamental Rights (Charter). The decision was in respect of two joined preliminary references, one from Ireland and the other from Austria.
Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Number of pages11
Publication statusPublished - 16 Apr 2014

Publication series

NameEdinburgh Law School Working Papers
No.2014/34

Keywords

  • data retention
  • privacy
  • European Union
  • human rights
  • data protection

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