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UK Court of Appeal seeks data law clarification from highest EU court

By Thomas Patrick O'Brien

24 November 2015 at 09:02 BST

The London-based Court of Appeal has requested the Court of the Justice of the EU (CJEU) clarify whether EU countries are bound by a previous judgement when constructing national laws on customer data retention.


The Court of Appeal seeks to clarify whether the CJEU intended to 'lay down mandatory requirements of EU law with which the national legislation of member states must comply' when the EU Data Retention Directive was ruled unlawful.

Stop-gap laws

The UK government drew up new stop-gap national data retention laws to replace existing rules which were deemed invalid in light of the CJEU's ruling, with the Data Retention and Investigatory Powers Act (DRIPA) coming into force in July 2014. The new law requires telecoms providers to record, store and release customer’s private communications when requested by law enforcement agencies.

Observations too broad 

Seeking to clarify the CJEU framework, the Court of Appeal said that ‘critical observations of the CJEU’ were too broad to be applied as a mandatory requirement in national data retention directives. Source: Out-Law.com


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