Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
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AUC IURIDICA, Vol 64 No 4 (2018), 143–154
The Interpretaton of the Charter of Fundamental Rights of the EU in Data Retention Cases: national implementation and possible changes of policy
Tomáš Ochodek
DOI: https://doi.org/10.14712/23366478.2018.41
published online: 04. 01. 2019
abstract
The Court of Justice of the EU has, on several occasions, ruled on the compatibility of so-called data retention measures with the Charter of Fundamental Rights of the EU. In particular, it has ruled that general and indiscriminate retention of certain electronic communications data is incompatible with Articles 7 and 8 of the Charter, be it in the form of EU secondary law or national legislation. Many Member States, however, still keep in place data retention measures contrary to these rulings, and progress in implementing the rulings is slow. At the same time, the rulings of the Court of Justice can also be interpreted as requiring a fundamental change in how these measures are used and how effective they can be.
keywords: Charter of Fundamental Rights of the EU; data retention; national implementation; data protection
references (6)
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The Interpretaton of the Charter of Fundamental Rights of the EU in Data Retention Cases: national implementation and possible changes of policy is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478