The ILP Lab, together with EDRI, is critically revisiting the question of data retention. Are the ongoing aspirations to reintroduce a data retention obligation in the EU remain in violation of EU
law as long as the strict necessity of data retention is unproved and no genuinely targeted retention obligation is considered ?
In light of the far-reaching negative implications of data retention for fundamental rights, the Court of Justice of the European Union has required data retention practices to be strictly
necessary. Nevertheless, the necessity of data retention for law enforcement purposes is most often simply assumed, while evidence is lacking about the marginal benefits of data retention
compared to less intrusive alternatives. Moreover, data errors, incorrect interpretations and false positives raise serious questions about the effectiveness of blanket data retention. The
blind belief in the effectiveness of data-driven solutions manifests a worrying trend towards technological solutionism. While calls to reintroduce data retention often voice the need for
harmonisation and legal certainty, enforcing the Court’s judgments must be the default solution to ensure a harmonised approach to data retention in Europe.
More information can be found here.