On 26 November 2018, Privacy International submitted its legal briefing to the Court of Justice of the European Union on the case of FDN and others v. France, concerning the retention of personal data under French law.
In July 2016, the French highest administrative court (the Conseil d’État) decided to send France’s legislation to be considered by the CJEU. This decision follows from two lawsuits started by French Data Network, La Quadrature du Net, and the Fédération FDN (federation of non-profit Internet access providers), joined by Privacy International and the Centre for Democracy and Technology. Privacy International intervened in February 2016 before the Conseil d’État, along with the Center for Democracy and Technology, in support of the request of French organizations requesting the annulment of the regulatory provisions, in particular, from Decree No. 2006-358 of 24 March 2006, which allows the indiscriminate retention of personal data, in contravention of applicable EU law.
In the case before the CJEU, Privacy International argues firstly that European law (Article 15 (1) of Directive 2002/58 and the European Charter on Fundamental Human Rights and Freedoms) must be interpreted as precluding national rules providing, for the purpose of ensuring national security, the widespread and indiscriminate retention of all subscriber and user data. Secondly that the EU law must be interpreted as precluding national rules governing the real-time collection of traffic data and the location of specific individuals, without without submitting this collection to the prior authorization of a Court or an independent authority. Thirdly that EU law shall be interpreted as precluding national rules governing the collection by national authorities of login data relating to one or more persons, without notifying the persons concerned as soon as the notification is no longer likely to jeopardize investigations carried out by those authorities.
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