General obligationon electronic communications service providers to retain data in breach of EU law


Re: Tele2 Sverige AB v Post-och telestyrelsen; SSHD v Tom Watson & Ors (C-203/15 & C-698/15)

The CJEU held that Members States may not impose a general obligation to retain data on providers of electronic communications services. EU law precludes a general and indiscriminate retention of traffic data and location data, but it is open to Members States to make provision for targeted retention of that data solely for the purpose of fighting serious crime, provided that such retention is limited to what is strictly necessary. Access of the national authorities to the retained data must be subject to conditions, including prior review by an independent authority and the data being retained within the EU.

Jessica Simor QC was involved in this case.