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EU: Advocate General in the European Court of Justice considered that the EU directive on data retention was enacted on the correct legal basis in a case brought by Ireland

01 October 2008

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Press release and Full text of Opinion

The Advocate General says that "Article 95 EC must be intended to improve the conditions for the establishment and functioning of the internal market" and is therefore the correct legal basis. Then in bizarre reasoning states that:

"As regards Ireland’s argument that the sole or main purpose of the directive is the investigation, detection and prosecution of serious crime, the Advocate General accepts that there is no doubt that the rationale of the obligation to retain data lies in the fact that it facilitates that objective. Nevertheless, he considers that the mere fact that the directive refers to such an objective is not sufficient for a finding that it is an act falling within the area covered by police and judicial cooperation in criminal matters."

See Statewatch Observatory The surveillance of telecommunications in the EU

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