The European Court of Justice has issued a preliminary finding that would limit the ability of member states to use national security or the fight against terrorism to sidestep EU data privacy laws
Europe's highest court has issued a preliminary finding that would limit the ability of member states to use national security or the fight against terrorism to sidestep European Union data privacy laws.
Advocate General Campos Sánchez-Bordona said that a national court could permit its security agencies to force telecoms to retain personal data only "on an exceptional and temporary basis" and only if it was justified by "overriding considerations relating to threats to public security or national security."
The issue has also led to court action regarding the transfer of personal data by hi-tech giants Facebook and Google from Europe to the United States. Such activities are carried out by public authorities and do not oblige telecoms companies and internet providers to hold on to citizens' data. The legal opinion is not binding on the court, which will issue its full ruling later. In 80% of cases an advocate general's opinion is upheld by the full court.
The EU and UK are hoping to negotiate a so-called "adequacy" agreement on data protection by the end of this year, since after Brexit the UK will be leaving the EU's data protection regime, the General Data Protection Regulation .
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