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.
