Digital Rights Ireland : Court Of Justice Of The European Union

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Digital Rights Ireland Court of Justice of the European Union. Facts of the case This case concerned requests for a preliminary ruling, sent from the Austrian and Irish courts to the Court of Justice, on the validity of the Data Retention Directive. The Data Retention Directive required public communications providers to retain the information of their users and allow national authorities of Member States to access that data in the interests of national security. Present in this case were the principles of proportionality and preliminary reference, and the court declared the Directive invalid for failing the test of proportionality. Judgment The judgment was carried out in three parts. First of all, the courts examined the relevance…show more content…
Also by allowing personal data to be processed, the Directive 2004 interfered with the right to protection of personal data as in Article 8. The Court further stated that the interference with those rights was, as the Advocate General pointed out in his Opinion, serious and wide ranging. Thirdly, the courts considered whether those interferences were justified. The court pointed out that, as far as Article 7 and Article 8 were concerned and despite the fact that data retention constituted a particularly serious interference with the rights therein , the Directive 2004 did not adversely affect the essence of those rights. As regards the question of whether that interference satisfies an objective of general interest, the Court distinguished between the aim of the Directive; which was harmonisation of Member States’s provisions with regards to data retention and the material objective of that Directive as followed from Article 1(1) of the Directive; contributing to the fight against serious crime and thus, ultimately, to public security. The court cited cases showing that the fight against terrorism was an objective of general interest and therefore held that the Directive satisfied an objective of general interest. The next thing was to verify the proportionality of the interference with
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