Council of the European Union Data Retention & International criminal law agreements
20 March 2017
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EU
Council of the European Union
Data Retention
& International criminal law agreements
20.3.17
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• Data retention: Retention of electronic communication data (LIMITE doc no: 6726- REV-1-17. pdf):
On 8 April 2014 the Court of European Justice (CJEU) ruled that the 2006 Data Retention Directive had been unlawful since it was adopted. Now nearly three years later the EU has failed to respond and adopt a new measure to meet the Court's judgment.
Europol says in its submission that:
"The overturning of the Data Retention Directive by the European Court of Justice (ECJ) in its ruling of 8 April 2014 in Digital Rights Ireland 1 has created a scattered legal landscape for law enforcement and prosecutors to obtain relevant data from private parties. The annulment of the Data Retention Directive as such had no immediate effect on the national implementing legal acts. Therefore, in some Member States (MS), there is currently still legislation in place to ensure that telecommunication companies retain such data for law enforcement purposes, whereas in others, the national legislation has been annulled in the wake of the ECJ judgment....
This underlines, from an overall perspective, the operational need for a harmonised framework on the retention of electronic communication data."
The document contains a compilation of the contributions provided by the Member States and Europol: Annex I - Belgium, Annex II - Czech Republic, Annex III - Germany, Annex IV - Hungary, Annex V - Ireland, Annex VI - Portugal, Annex VII - Sweden, Annex VIII - Slovenia, Annex IX - Europol.
•.Criminal law: International agreements that concern EU competences in the area of criminal law - Inventory (LIMITE doc no: 6892-17, pdf):
"CATS agreed that the practice of keeping an inventory of present and future international agreements that raise an issue of EU competence in the area of criminal law should be maintained with a view to further improving coordination in the area of external action. An updated inventory is found in the Annex."
And see: International agreements that concern EU competences in the area of criminal law - systematic examination (LIMITE doc no: 12275-16, pdf)
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