Graham Dwyer Appeal: CJEU Rules General Retention of Data to Prevent Serious Crime Unlawful

The Court of Justice of the European Union (the “CJEU”) has confirmed that the general indiscriminate retention of traffic and location data for the purposes of preventing serious crime is inconsistent with EU Law (although certain targeted retention may be permissible), and that the effects of this finding cannot be limited to future convictions.  The CJEU has further ruled that any request for access by national authorities to retained data must be subject to a prior review carried out by either a court or an independent administrative body and that the decision of the court must be made following a reasoned request by those authorities.  The current approach in Ireland was determined not to be sufficient.