27/07/2023, 22:38
CURIA - Documents
a specified period of time, the expedited retention of traffic and location data in the possession of
those service providers,
provided that those measures ensure, by means of clear and precise rules, that the retention of data at
issue is subject to compliance with the applicable substantive and procedural conditions and that the
persons concerned have effective safeguards against the risks of abuse.
Costs
132
Since these proceedings are, for the parties to the main proceedings, a step in the action pending before
the national court, the decision on costs is a matter for that court. Costs incurred in submitting
observations to the Court, other than the costs of those parties, are not recoverable.
On those grounds, the Court (Grand Chamber) hereby rules:
Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July
2002 concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications), as amended by
Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, read
in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the
European Union,
must be interpreted as meaning that:
it precludes national legislative measures which provide, on a preventative basis, for the purposes
of combating serious crime and preventing serious threats to public security, for the general and
indiscriminate retention of traffic and location data;
it does not preclude legislative measures that:
–
allow, for the purposes of safeguarding national security, recourse to an instruction
requiring providers of electronic communications services to retain, generally and
indiscriminately, traffic and location data in situations where the Member State concerned
is confronted with a serious threat to national security that is shown to be genuine and
present or foreseeable, where the decision imposing such an instruction is subject to
effective review, either by a court or by an independent administrative body whose decision
is binding, the aim of that review being to verify that one of those situations exists and that
the conditions and safeguards which must be laid down are observed, and where that
instruction may be given only for a period that is limited in time to what is strictly
necessary, but which may be extended if that threat persists;
–
provide, for the purposes of safeguarding national security, combating serious crime and
preventing serious threats to public security, for the targeted retention of traffic and
location data which is limited, on the basis of objective and non-discriminatory factors,
according to the categories of persons concerned or using a geographical criterion, for a
period that is limited in time to what is strictly necessary, but which may be extended;
–
provide, for the purposes of safeguarding national security, combating serious crime and
preventing serious threats to public security, for the general and indiscriminate retention of
IP addresses assigned to the source of an internet connection for a period that is limited in
time to what is strictly necessary;
–
provide, for the purposes of safeguarding national security, combating crime and
safeguarding public security, for the general and indiscriminate retention of data relating to
the civil identity of users of electronic communications systems;
https://curia.europa.eu/juris/document/document_print.jsf;jsessionid=A4432EEFFE3535A201E714AE6441EE66?mode=DOC&pageIndex=1&docid=265881…
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