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According to the Tele2 judgment, general and undifferentiated (blanket) data retention is illegal under EU law. Moreover, access to the retained data, whether from (illegal) blanket data retention or targeted data retention, must be limited to what is strictly necessary. For criminal offences, the Tele2 judgment specifically states that access can only be granted for serious crime. Paragraph 115 of the Tele2 does not completely rule out that access to the retained data can be granted for civil claims, as there is an indirect reference to the Promusicae case C-275/06. However, when access to the retained data for criminal offences is strictly limited to serious crime, it does not seem to be proportionate to grant access to the retained data in civil proceedings involving only a minor copyright infringement, such as file sharing of a single film or TV series Read more↗

Content typeapplication/pdf
Updated6 months ago
Checked5 months ago
Keywordseu council data retention letter access to docs response pdf
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