Bringing together experts from across the world, this book analyses the impact of CJEU case law after the now invalidated Data Retention Directive. It provides a critical assessment of legal and policy developments, as well as reflections on the potential future for data retention regulation in the European Union and beyond.
In the aftermath of the invalidated Data Retention Directive, the Court of Justice of the European Union (CJEU) published extensive case law that shaped the rules, requirements, and safeguards on the retention of traffic and location data and their subsequent access for law enforcement purposes in accordance with EU law.
Against this backdrop, Data Retention in Europe and Beyond unites leading scholars and practitioners to offer a cutting-edge and multifaceted analysis of issues relating to data retention. The chapters in this book explore the development of the EU case law, the interaction with European Court of Human Rights (ECtHR) jurisprudence, the interplay between data retention and mass surveillance, the proportionality principle in the CJEU jurisprudence rulings, and data retention in the proposed ePrivacy Regulation. The book offers eleven country-specific analyses of European Member States as well as chapters on the data protection regimes of India, Japan, and the US. Further chapters examine the role of the courts in the context of data retention and discuss epistemic (in)justice. The book also contains extensive contributions on automated analysis of retained data by means of algorithms, and retention as intrinsic facet of administrative and surveillance vulnerability.
Comprehensive and informative, this volume not only provides a critical assessment of legal and policy developments, but also will inform policymakers on the potential future for data retention regulation in the European Union and beyond.
1: Eleni Kosta and Irene Kamara: Introduction: Data Retention in the EU
and Beyond: An Evolving Landscape 2: Eleni Kosta: The Evolution of the CJEU
Case Law on Data Retention: Towards the Regulation of Access 3: Valsamis
Mitsilegas: Data Retention and the Judicial Parameters of Mass Surveillance
in EU Law 4: Lorenzo Dalla Corte: A Critical Comment on Proportionality in
the Mass Surveillance Jurisprudence of the CJEU and the ECtHR 5: Daniele
Nardi: Proportionality and Strict Proportionality in the Case-law of the
Court of Justice of the European Union on Data Retention 6: Xavier Tracol:
Data Retention in the Proposed ePrivacy Regulation Caught between the
Well-established Case Law of the Court of Justice and the Deep Disagreements
of the EU Legislature: For a Legally Compliant Way Forward 7: Matthias
Bäcker: Data Retention in Germany: Not a Never-ending Story After All? 8:
Luigi Montuori and Veronica Tondi: The Long Way to the Compliance of Data
Retention with European Union Law: The Italian Case 9: Christiana Markou:
Consequences of the Collapse of a Directive: The Aftermath of CJEU Data
Retention Case Law on Cypriot Jurisprudence 10: TJ McIntyre: Data Retention
in Ireland: When European Law Meets National Recalcitrance 11: Maxime
Lassalle: A Clash Between the French System and the CJEU Case Law on Data
Retention? 12: Magdalena Brewczy'nska: Data Retention Amid the Erosion of the
Constitutional Order: The Case of Poland 13: Lorena Bachmaier Winter and
Antonio Martínez Santos: The Impact-or No Impact-of the CJEU Case Law on Data
Retention in Spain 14: Marc van der HamEsther Baars: Data Retention and Law
Enforcement in the Netherlands 15: Ayo Næsborg-Andersen: To Retain or (not)
to Retain Data? The Danish Case 16: Vanessa Franssen and Catherine Van de
Heyning: Belgium's New Data Retention Legislation: Third Time Lucky, or Three
Strikes and You're Out? 17: Maria Bergström: The Swedish Data Retention Saga:
From EU Initiator to Penalty Payments, Reviewed and Revised National Rules
18: Shweta Reddy Degalahal: Data Retention and Law Enforcement Access to
Personal Data in India 19: Xenofon V Kontargyris: Regulating Data Retention
in Japan 20: Bryce Clayton Newell: Regulating Access: A Brief Overview of US
Regulations on Access to Communications Data 21: Maria Tzanou: The
Judicialization of EU Data Retention Law: Epistemic Injustice and the
Construction of an Unequal Surveillance Regime 22: Marco Bassini: Data
Retention as a Matter of Constitutional Law 23: Lucas M Haitsma, Oskar J
Gstrein, Heinrich Winter: Passenger Name Records: Necessary Data Retention to
Fight Crime and Terrorism, or Threatening Privacy and Data Protection? 24:
Niovi Vavoula: Data Retention and Automated Processing of Personal Data:
Unpacking the CJEU's Approach 25: Maria Grazia Porcedda: Automated Analysis
in the AFSJ and Digital Single Market Monitoring: An Effaced Nexus 26:
Maria-Lucia Rebrean and Gianclaudio Malgieri: On Administrative and
Surveillance Vulnerability and the Digital Government in the EU 27: Ivan
Manokha: Data Retention and the 'Chilling Effect' in the Context of Mass
Surveillance and a Tacit Sift Towards a Hobbesian state in Western Democracies
Eleni Kosta is a Professor of Technology Law and Human Rights at the Tilburg Institute for Law, Technology and Society (TILT, Tilburg University). In 2024, she co-edited a commentary on The EU Law Enforcement Directive (LED). In 2014, Professor Kosta was awarded a personal research grant for research on privacy and surveillance by the Dutch Research Organisation (VENI/NWO). She is a member of KYSATS, the Cyprus for the recognition of higher education qualifications. Eleni also collaborates as associate with the lawfirm timelex.
Irene Kamara is an Assistant Professor of Cybercrime Law and Human Rights at the Tilburg Institute for Law, Technology and Society (TILT, Tilburg University) and an affiliated researcher at Vrije Universiteit Brussel. She has conducted research for the European Commission, the Dutch National Cyber Security Agency, the European Cybersecurity Agency among others. She is a member of the ENISA Experts List, the EDPB experts pool, and the CEN-CENELEC/BTWG 3 'STAIR' on STAndardization, Innovation and Research. Irene was the winner of the 2021 Standards+Innovation Individual Researcher award of the European Standardisation Organisations and is also a qualified attorney-at-law.
