Data retention in the aftermath of Digital Rights Ireland and Seitlinger

Abstract

In a high profile decision delivered in April 2014, the Grand Chamber of the Court of Justice of the European Union (CJEU) found the Data Retention Directive1 to be in breach of the EU Charter of Fundamental Rights (EU Charter).2 This article examines the impact of the ruling in Digital Rights Ireland across the EU and considers how the Irish legislature should respond to this decision in a manner that maintains the appropriate balance between the investigatory aims of the government and the protection of fundamental rights