Telcos should only retain metadata to fight serious crime, EU judge says

Governments may order telcos to retain customer data, but only to fight serious crime, a top European Union judge has advised.

Lobby groups European Digital Rights (EDRi) and Privacy International welcomed the recommendation, saying it adds to a growing body of legal opinion opposing mass data retention. It could even, said Privacy International, derail the U.K.’s Investigatory Powers Bill, introduced in March by Theresa May, then home secretary and now prime minister.

Advocate General Henrik Saugmandsgaard Øe advised that a general obligation to retain data may be compatible with EU law, but cautioned that laws imposing such obligations should respect personal privacy and impose strict controls on access to the retained data, its security, and the period it is kept. Furthermore, such obligations can only be justified when strictly necessary in the fight against serious crime.

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