DATA RETENTION: A STRUCK DOWN DIRECTIVE AND AN INSTRUCTION MANUAL TO AVOID MASS SURVEILLANCE
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https://doi.org/10.54695/dss.58.01-02.2789Mots-clés:
Connection data, Retention, Crime, Privacy, Data protection.Résumé
After years of litigation, both against the directive and its
national transposition measures, the European Court
ofJustice stroke down the Data Retention Directive
(No. 2006/24), on 8 April 2014. But if the judges considered that the EU directive was construed as disproportionate interference with the right to privacy and to the
protection of personal data, they nonetheless did not
condemn the principle of retention of data connection
provided this is or islikely to be necessary in the
fight against crime. More than a sanction, this
case should be regarded as a “How to create mass data
processing