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Abstract
Chapter 22 aims to provide a critical overview of a selection of judgments made by Member States’ constitutional courts on data retention. It claims that the relationship between EU law and national law plays a key role in the solutions adopted from time to time by constitutional courts. It outlines a variety of approaches that are reflected in the decisions taken by constitutional courts both before and after Digital Rights Ireland, looking at the interaction with the attempt made by the Court of Justice of the European Union to model a new legal regime applicable to data retention in the absence of a comprehensive legal framework in European Union law.
| Original language | English |
|---|---|
| Title of host publication | Data retention in Europe and beyond |
| Subtitle of host publication | Law and policy in the aftermath of an invalidated directive |
| Editors | Eleni Kosta, Irene Kamara |
| Place of Publication | Oxford |
| Publisher | Oxford University Press |
| Chapter | 22 |
| Pages | 361-376 |
| Number of pages | 16 |
| ISBN (Electronic) | 9780191998980 |
| ISBN (Print) | 9780198897736 |
| DOIs | |
| Publication status | Published - 2025 |
Keywords
- constitutional law
- data retention
- data protection
- EU constitutional law
- constitutional courts
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Data retention in Europe and beyond: Law and policy in the aftermath of an invalidated directive
Kosta, E. (Editor) & Kamara, I. (Editor), Mar 2025, Oxford: Oxford University Press.Research output: Book/Report › Book editing › Scientific › peer-review