General and indiscriminate data retention is not compatible with EU law.
This is – once again – the operative part of the European Court of Justice. Since 20 the Luxembourg judges have been telling the EU member states every few years that they should monitor all citizens, regardless of whether they there is a suspicion against them, will not be waved through. The national governments never wanted to accept that. And so they tried to interpret the Luxembourg judgments with their own laws, only to keep banging their heads against the legal wall again and again. The federal governments of the Merkel era were no exception.
How slightly annoyed parents
Thanks in particular to comparatively short storage periods, the German data retention stipulated in the Telecommunications Act should ultimately somehow be European and be constitutional. A bit of general surveillance, that will probably be allowed!
Is not it. The judgment clearly states , the intervention in the Privacy is “serious in any case, regardless of the length of the storage period and the amount or type of data stored”.
In its judgment on Tuesday, the ECJ explained how slightly annoyed it was parents to their slow-witted child, with long paragraphs and sentences copied one-to-one from previous judgments, such as this: ‘As far as the aim of combating serious crime is concerned, the Court has ruled that national legislation requiring universal and indiscriminate data retention for that purpose of traffic and location data that go beyond what is strictly necessary and cannot be considered justified in a democratic society.«