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DATA RETENTION: Tele2 Sverige AB v. Post- och telestyrelsen and Secretary of State for the Home Department v. Tom Watson and others


Court of Justice of the European Union, C-203/15 and C-698/15, 21 December 2016

In the combined cases of Tele2 and Watson, the Court found that Member State laws mandating bulk retention of particular metadata generated by electronic communications using public communications networks would only be lawful if carried out with suitable checks and balances to protect individuals and, in particular, their fundamental rights to privacy and to protect their personal details. This applies even where the retention is to combat serious crime or for national security under local Member State law.

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