Data retention – judgment of the eu Court of Justice

Yesterday, the European Court of Justice had to rule on the storage of data and, in the rough, declared the storage of data to be inadmissible for no important reason!

Important reasons for the obligation to store data, but this would have to be limited in time:- A

cute threat to national security or the
fight against serious crime

The EU Court of Justice makes it clear that the data must NOT be stored nationwide and without cause! However, in special cases, data retention is permitted, e.g.

  • if there is a threat to national security – e.g. terror
  • limited to specific places and persons
  • IP addresses (sender)

In our opinion: This c
an therefore be used to oblige you to store IP addresses in principle, but the assignment to persons with dynamic addresses should not be stored, unless there are already orders on the basis of proceedings against persons or because national security is endangered!

But it also shows that IPs as such are probably not covered by data protection, otherwise the GH would not have allowed this exception in principle! It could therefore be that the legislators will demand that, in principle, everything with IP must be recorded over a long period of time!