Karimi & Associates Law Firm presents according to Jurist:
France’s Council of States (Highest Administrative Court) gave its verdict on the national policy concerning data retention causing conflict between French and EU laws.
The ruling demonstrated France’s position on data retention policies as it was long-awaited. Before the ruling by the Council of States, it was speculated that France might bypass EU laws on data retention on account of the strict approach taken by the Court of Justice of the European Union (CJEU) while interpreting national security exemptions on data retention under e-privacy Directive.
The French government resisted suggesting the regulatory modifications purported by the CJEU into the data retention laws of France. The issue was further put forth for adjudication by the French Government to the Council of States. The Council of States proceeded to analyze whether regulatory changes alleged by CJEU would jeopardize French constitutional requirements related to security and the fight against crimes.
Once convinced that the interpretation of the CJEU is not in conflict with the scheme of the French Constitution and that the solutions provided by the CJEU regarding access of data through expedited retention are proper alternatives used by the French Government, the Council of States ordered the Prime Minister to comply with the requirements set forth by CJEU in the next six months.