Once upon a time... : digital rights Ireland : the never-ending saga of data retention in the EU

Abstract

The aim of this chapter is to revisit and assess the data retention case law of the Court of Justice. After Digital Rights Ireland, the Court was requested by domestic courts to return to its doctrine on several occasions, and/so it took the chance to specify its view both in relation to the different typologies of data, and to the goals of retention. The result is a web of requirements and guarantees that defines a doctrine on the relationship between, on the one side, surveillance, and investigations, and, on the other side, privacy, and data protection. Its implications touch upon domestic criminal systems and on national security. In a first moment, this jurisprudence contributed to the emergence of a European narrative on counterterrorism. Nevertheless, new questions for preliminary reference continue to reach the Court and the political debate is dealing with an important legacy, which can also turn into an obstacle on the path of a new European legislative instrument.