Tele2 Sverige v Post-och telestyrelsen, and Secretary of State for the Home Department: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National legislation – Providers of electronic communications services – Obligation relating to the general and indiscriminate retention of traffic and location data – National authorities – Access to data – No prior review by a court or independent administrative authority – Compatibility with EU law

K. Lenaerts, President
C-203/15, [2016] EUECJ C-203/15
Directive 2002/58/EC 15(1), Data Retention and Investigatory Powers Act 2014 1
Reference fromSecretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .

Cited by:
At ECJSecretary of State for The Home Department v Watson MP and Others CA 30-Jan-2018
Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with . .

Lists of cited by and citing cases may be incomplete.


Updated: 02 November 2021; Ref: scu.572617