Chair "European Law Blog Online Seminar on Data Retention: How to Follow-up on the Court of Justice’s Recent Case Law?"

The issue of data retention has been at the centre of much legal reflection ever since the Court of Justice of the European Union (CJEU) invalidated the 2006 Data Retention Directive in C-293/12 Digital Rights Ireland. While this annulment was very much welcomed by the data protection community and civil society, police and judicial authorities have expressed strong concerns about the impact on criminal enforcement; concerns that have resulted in several court proceedings at national and EU level.

In three recent rulings (C-623/17 Privacy International, C-511/18 La Quadrature du Net e.a. and C-746/18 Prokuratuur), the CJEU has tried to further clarify unsettled questions. Nevertheless, in doing so, the Court has most likely raised more questions than answers and has definitely complicated the way forward for EU and national legislators. Consequently, judicial authorities as well as intelligence agencies are still in search of clarity, while citizens and businesses remain confronted with a lack of legal certainty.
During this seminar, four eminent speakers will take the floor to analyse the current legal situation, in the light of the CJEU’s recent case law, and to reflect on future solutions for what seem nearly inextricable problems.