DIRECTIVE ON THE RETENTION OF DATA ON ELECTRONIC COMMUNICATION IN THE RULINGS OF THE CONSTITUTIONAL COURTS OF EU MEMBER STATES AND EFFORTS FOR ITS RENEWED IMPLEMENTATION

Abstract

The Directive on the retention of data related to electronic communications has generated doubtswith regard to its compliance with the right to protection of privacy. This right is embodied in the constitutionsof EU member states, in the European Convention on the Protection of Human Rights and FundamentalFreedoms and in the EU Charter of Fundamental Rights. The national implementation of this Directive wasquickly contested in some EU member states before the local constitutional courts. The constitutional courtsin Germany, Romania and in the Czech Republic repealed the implementation of the Directive precisely becauseof this disparity with the right to protection of privacy. In their new legislation on retention of data ontelecommunication operations, these states are trying to reconcile the conditions set out in the rulings of theconstitutional courts with the obligation to implement this Directive.