[cooperation-wg] Data Retention Directive considered harmful

On 08/04/2014 12:47, Innocenzo Genna wrote:
> My 2 cents on the messy consequences upon nation al legislation.
> 
> There is no automatic annulment of the national legislation on data
> retention, it is up to the member states to abrogate or modify their rules:

Yes, but it creates an immediate long term problem for all of the national
legislation and leaves it all open to be contested in the courts.  In the
case of Ireland, it would be extraordinary for the High Court to dismiss
the opinions of the ECJ, particularly as they believed there was sufficient
grounds to refer the original Digital Rights Ireland complaint to the ECJ
in the first place.  It will be interesting to see the final ruling.

Nick