EU Legal Opinion: Mass Data Retention At Odds With EU Law

A legal adviser at the European Union’s highest court said Wednesday that the bloc’s data protection rules should prevent member states from indiscriminately holding personal data seized from Internet and phone companies, even when intelligence agencies claim that national security is at stake.

In a non-binding opinion on how the European Court of Justice, or ECJ, should rule on issues relating to access by security and intelligence agencies to communications data retained by telecommunications providers, advocate general Campos Sanchez-Bordona said “the means and methods of combating terrorism must be compatible with the requirements of the rule of law.”

Commenting on a series of cases from France, the U.K. and Belgium — three countries that have been hit by extremist attacks in recent years and have reinforced surveillance — Sanchez-Bordona said that the ECJ’s case law should be upheld. He cited a case in which the court ruled that general and indiscriminate retention of communications “is disproportionate” and inconsistent with EU privacy directives.