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Leading Internet Case Law

DATA RETENTION: German data retention obligations considered invalid

Higher Administrative Court of North Rhine-Westphalia, 22 June 2017, 13 B 238/17

Following a challenge brought by internet access provider Spacenet in regards to the obligation to retain traffic data under the German Telecommunication Act, the Higher Administrative Court of North Rhine-Westphalia has found that such obligation violates EU law. The ruling leaves data retention enforcement in Germany in something of a state of limbo, as the Federal Network Agency has now said that it won’t enforce the obligation, while German politicians still insist that data retention as necessary.

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