Tele2 Sverige AB v Post-och telestyrelsen; Secretary of State for the Home Department v Watson and others (C-203/15 and C-698/15), EU:C:2016:970
The Grand Chamber of the European Court of Justice (ECJ) found that EU law precludes national laws that allow for the indiscriminate retention of all electronic communications data of all subscribers and users. It also found that national laws must put parameters around the circumstances in which authorities can access the retained data, and in particular access should be:
- restricted solely to access for the purpose of fighting serious crime;
- subject to prior review by a court or an independent administrative authority; and
- subject to a requirement that the data so accessed should be retained within the European Union.