The joined cases of Dwyer,SpaceNet and VD and SR before the European Court of Justice: The judgments of the Grand Chamber about data retention continue falling on deaf ears in Member States |
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| Institution: | 1. Professor of Law & Information Technology at the University of Technology Sydney (UTS) and Co-Director of AustLII, Australia;2. Associate Professor of Law at UNSW Sydney and Executive Director of AustLII, Australia;3. Professor of Law & Information Systems at UNSW Sydney and Co-Founder of AustLII, Australia;1. Senior Legal Advisor, the Citizen Lab, Canada;2. Articling student, Trudel Johnston & Lespérance;3. Associate Professor, Osgoode Hall Law School, Canada;1. Professor of Law & Information Technology, University of Technology Sydney, and Co-Director, AustLII, Australia;2. Associate Professor of Law, UNSW Sydney, and Executive Director, AustLII, Australia;3. Professor of Law & Information Systems, UNSW Sydney, and Senior Researcher, AustLII, Australia |
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| Abstract: | On 5 April and 20 September 2022, the Grand Chamber of the European Court of Justice rendered three judgments in the cases of Dwyer, SpaceNet and VD and SR. It mainly reiterated its own applicable case law on the retention of and access to traffic and location data. In the VD and SR judgment, the Grand Chamber however expanded its scope to the area of market abuse.Legislation adopted by Member States and decisions rendered by most domestic courts, tribunals and judges do not fully comply with the case law of the Grand Chamber on the retention of and access to traffic and location data. In this particular context, the EU legislature should urgently adopt EU secondary legislation on the retention of personal data to provide legal clarity to all players involved. |
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