Implications of invalidity of Data Retention Directive to telecom operators

Darja Loncar Dusanovic ()
Additional contact information
Darja Loncar Dusanovic: Croatian Telecom Inc.

Juridical Tribune - Review of Comparative and International Law, 2014, vol. 4, issue 2, 44-60

Abstract: Obligation for telecom operators to retain traffic and location data for combating crime purposes had been controversial ever since the adoption of the Data Retention Directive in 2006 because of its inherent negative impact on the fundamental right to privacy and personal data protection. However, the awaited judgment of the CJEU in April this year, which declared the Directive invalid, did not so far resolve the ambiguity of the issue. Namely, having in mind that half a year later, some countries did not amend their national data retention legislations (yet) to comply with the aforementioned CJEU judgment, telecom operators as addresses of this obligation are in uncertain legal situation which could be called “lose-lose” situation. Also, the emphasis from the question of proportionality between data privacy and public security is shifted to the question of existence of valid legal basis for data processing (retaining data and providing them to authorities) in the new legal environment in which national and EU law are still not in compliance. In this paper the author examines the implications of the CJEU judgment to national EU legislation, telecom operators and data subjects, providing comparative analysis of national data retention legislation status in EU member states. The existence of valid legal basis for data processing is examined within EU law sources, including within proposed EU General Data Protection Regulation and opinions of the relevant data protection bodies (e.g. Article 29 Working Party).

Keywords: data retention; Data Retention Directive; data protection; privacy; legal bases. (search for similar items in EconPapers)
JEL-codes: K30 K33 (search for similar items in EconPapers)
Date: 2014
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.tribunajuridica.eu/arhiva/An4v2/5%20Darja.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:4:y:2014:i:2:p:44-60

Access Statistics for this article

More articles in Juridical Tribune - Review of Comparative and International Law from Bucharest Academy of Economic Studies Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().