Data Retention Directive has sound legal basis, rules ECJ

The European Union's Data Retention Directive has a sound legal basis because it connects to policing but does not actually cover policing functions, the European Court of Justice (ECJ) has said.

Ireland and Slovakia had objected to the Directive, which orders countries to pass laws requiring telecoms companies to retain phone and internet usage records for between six and 24 months so that they can be used to help solve crime.

Ireland and Slovakia took legal action to repeal the Directive because it was introduced by mechanisms reserved for economic laws and not through the processes reserved for laws relating to policing and justice.

The ECJ has said, though, that the Directive does regulate economic activity and not policing activity, and so was legally introduced and will stand.

Continue reading here: http://www.out-law.com/page-9783
View the ruling here: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-301/06

Source: Out-law.com