Late December, the Court of Justice of the European Union ruled that blanket, general retention of communications data is incompatible with EU law.

The court found the 2006 Data Retention Directive breaches fundamental rights, specifically the right to respect for private life and the protection of personal data.

As a result, governments and private companies can no longer carry out indiscriminate mass collection of communications metadata under that directive.

The judgment does not forbid targeted retention: narrowly focused data preservation for the prevention, investigation, detection or prosecution of serious crime can still be lawful if subject to strict safeguards and oversight.

Brussels is reportedly preparing revisions to the data protection framework to reflect the court’s emphasis on proportionality and individual rights.

The decision has immediate relevance for the United Kingdom’s Investigatory Powers Act (commonly called the “Snooper’s Charter”), whose broad data-retention measures may now face legal challenges or need amendment to meet EU standards.

Privacy campaigners hailed the ruling as a win against bulk surveillance, saying it strengthens limits on routine, mass collection of personal communications information.

For individuals, technical measures such as end-to-end encryption and VPNs can reduce exposure to some types of data collection, though legal limits on retention determine what providers are permitted or required to store.

Overall, the ruling recalibrates the balance between security objectives and fundamental privacy rights across Europe, setting a precedent for future surveillance and data-retention policies.

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