The future of national data retention legislation: Opinion of Advocate General Saugmandsgaard Øe, 19th July, 2016

Abstract

This paper discusses the Advocate General’s delivery of its much anticipated opinion in the joined case of Tele2 Sverige. The Advocate General further clarified the requirements for national data retention legislation after the crucial but somewhat vague judgment in the Digital Rights Ireland case, in which European data retention legislation was struck down. The Advocate General deems a general obligation for data retention possible and in compliance with fundamental rights of EU law as long as it adheres to strict safeguards. The opinion of the Advocate General pays particular attention to the criterion of proportionality.