France’s highest administrative court has explained the data retention still practiced in the country for unlawful. A general storage and incorporation of traffic data contradict eu law, ruled the conseil d’budget on wednesday and followed in substantial points of the line of the european court of justice (ecj). The court thus opposes the expressionous desire of the french government not to apply ecj legislation because they "convey identity" violator.
The undifferentiated storage of transport data of all internet and smartphone users for one year, as it still exists in france against earlier european judgments, explained the conseil with the judgment in unlawful. Possibly, general storage is only demonstrably gross risk for national security, limited to certain groups or territories. On this question, the ecj judges were already devoted by their hitherto clear line in october 2020 – and had the "zombie stock data retention" that breathed a little life.
A question of competences
Also in other points the conseil followed the ecj. The french judges criticized the lack of independent supervision of monitoring measures, which are also available to the secret service and organizations such as the anti-piracy authority hadopi. The restriction of access rights to severe criminal offenses is inadequate. The court in the government is six months to adapt the law. The european court of justice committed immediate effectiveness.
France’s government has pladated that the ecj had no competence to interfere with national security ies. The judges of the conseil d’etat, on the other hand, emphasized paris themselves his skills, if it tried to redesign the task distribution in the eu. France’s government had to prevail compensated changes in the compensation of monitoring and freedom rights politically in the union. The government has apparently also.
"Illusion of a victory"
The french burger rights organization had succeeded la quadrature you net, which also strained one of the procedures decisive by the ecj. With the lawsuit in france, the burgerrellers wanted to achieve that the ecj judgments are implemented and the general data retention is suspended. Despite the success, the first reaction occurred. Behind the illusion of a victory, a herbal defeat hide, writes the organization: "the principle of general suspension and political monitoring was sustainably confirmed."