Digital Rights Ireland Ltd v. Minister for Communications, Marine and Natural Resources and Others and Kärntner Landesregierung and Others, Joined Cases C‑293/12 and C‑594/12, CJEU (Grand Chamber), 8 April 2014

Validity of Directive 2006/24/EC in the light of Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union.

Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks
Art. 7 EUCFR
Art. 8 EUCFR 
Art. 11 EUCFR

Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of electronic communications services in order to ensure that those data are available for the purpose of the prosecution of serious crime, such as organised crime and terrorism, is invalid. Indeed, the EU legislation entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, that is not limited to what is strictly necessary in breach of proportionality requirements. Furthermore, the fact that data are retained and subsequently used without the user being informed is likely to generate the feeling that the private lives of the people concerned are subject to constant surveillance. (Request for a preliminary ruling concerning the validity of Directive 2006/24/EC in the light of Articles 7, 8 and 11 of the Charter).