Data Retention - Between Fundamental Rights and Integration

Abstract

The recent judgements of the CJEU on data retention should not be regarded as an authoritarian move towards a less fundamental rights-sensible position of the Court. Rather, the case law adapts the ever more complex development of the constitutional security law, which was originally dominated by the Member States. As a European court, the CJEU cannot simply ban certain police measures but must respect the complexity and heterogeneity of national law enforcement agencies.

Keywords

• CJEU
• Charta der Grundrechte | Europäische Union
• Datenschutz
• ECJ
• EU
• EU Charta