Data retention as a matter of constitutional law

Marco Bassini

doi:10.1093/9780191998980.003.0025

Data retention as a matter of constitutional law

Marco Bassini

TILT

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review

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	https://doi.org/10.1093/9780191998980.003.0025
Publication status	Published - 2025

Keywords

constitutional law
data retention
data protection
EU constitutional law
constitutional courts

Access to Document

10.1093/9780191998980.003.0025

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

Cite this

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AB - 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.

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KW - data protection

KW - EU constitutional law

KW - constitutional courts

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ER -

Data retention as a matter of constitutional law

Abstract

Keywords

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Research output

Data retention in Europe and beyond: Law and policy in the aftermath of an invalidated directive

Cite this