Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/12/2013

Subject: Advocate General considers that Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks is as a whole incompatible with Article 52(1) of the Charter of Fundamental Rights of the European Union, since the limitations on the exercise of fundamental rights which that directive contains because of the obligation to retain data which it imposes are not accompanied by the necessary principles for governing the guarantees needed to regulate access to the data and their use. The Advocate General considers that Article 6 of these Directive is incompatible with Articles 7 and 52(1) of the Charter of Fundamental Rights in that it requires Member States to ensure that the data specified in Article 5 of that directive are retained for a period whose upper limit is set at two years.

Parties: Digital Rights Ireland Ltd e Kärntner Landesregierung

Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority - General provisions - Art. 52 Scope of guaranteed rights

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