TY - JOUR
T1 - Data retention and the future of large-scale surveillance: the evolution and contestation of judicial benchmarks
AU - Mitsilegas, Valsamis
AU - Guild, Elspeth
AU - Kuskonmaz, Elif
AU - Vavoula, Niovi
PY - 2022/5/12
Y1 - 2022/5/12
N2 - Recent and upcoming judgments of the Court of Justice of the European Union (CJEU) have resurfaced a much-debated topic on the legal limitations of law enforcement authorities and intelligence services under EU law in implementing surveillance operations. In its decisions, the CJEU has reinstated and at times remoulded its case-law on data retention, unearthing a variety of legal issues. This article aims to critically analyse the legal limitations of (indiscriminate) surveillance measures, the role of the private sector in the scheme, and the line between the competence of the Member States and that of the EU on national security matters. It also aims to remark on the latest developments on the reception of the decisions by the Member States and the EU legislator, as well as on the ongoing dialogue between the CJEU and the European Court of Human Rights (ECHR).
AB - Recent and upcoming judgments of the Court of Justice of the European Union (CJEU) have resurfaced a much-debated topic on the legal limitations of law enforcement authorities and intelligence services under EU law in implementing surveillance operations. In its decisions, the CJEU has reinstated and at times remoulded its case-law on data retention, unearthing a variety of legal issues. This article aims to critically analyse the legal limitations of (indiscriminate) surveillance measures, the role of the private sector in the scheme, and the line between the competence of the Member States and that of the EU on national security matters. It also aims to remark on the latest developments on the reception of the decisions by the Member States and the EU legislator, as well as on the ongoing dialogue between the CJEU and the European Court of Human Rights (ECHR).
UR - https://doi.org/10.1111/eulj.12417
U2 - 10.1111/eulj.12417
DO - 10.1111/eulj.12417
M3 - Article
SN - 1351-5993
JO - European Law Journal
JF - European Law Journal
ER -