I have argued in the past that data retention lacked a connection to EU law without the Data Retention Directive (DRD), and that, as a result, the judgment of the CJEU invalidating the DRD was not applicable to national data retention laws. I have changed my view on this issue after reading an analysis by Steeve Peers titled “Are national data retention laws within the scope of the Charter?“
This was a short version of the longer, temporarily lost, post titled “About the Death of the Data Retention Directive and on Zombie Data Retention Laws” analyzing the dynamic between national and EU law with respect to data retention laws, explaining why there are data retention laws in Europe to this day and why the issue is out of scope of EU law and the jurisdiction of the CJEU. Since I was able to recover the original article, I have chosen to remove this summary and made a dedicated post out of the updates that resulted from a Twitter exchange based on this post.
Last week was an eventful week for data retention debate in the European Union. The Dutch data retention law has been set aside by a court in the Netherlands on 11 March 2015. A day later, on 12 March 2015, the Bulgarian constitutional court ruled that the Bulgarian data retention law was unconstitutional. Later that same day, Dimitris Avramopoulos, Commissioner for Home Affairs, stated that the European Commission had no plans for proposing new legislation on data retention. However, data retention is not dead yet and this post explains why.
NB: The text discussed in this post has been adopted into law as Directive 2014/53/EU on 16 April 2014. It will be applicable from 13 June 2016.
Many news outlets have reported on the expected adoption of the new Radio Equipment Directive (see, e.g. “EU votes in favor of universal mobile charger”). Most of them seem to interpret the law as meaning that manufacturers such as Apple or Nokia will have to get rid of their proprietary standards. I don’t think they are right. This article is an attempt at explaining and analyzing the updated Radio Equipment Directive in the light of the popular common charger requirement.