On November 18, 2021, the Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion on several data retention cases before by the Court, following a long line of CJEU jurisprudence on this topic. In essence, the Advocate reiterated what he regards as now settled law from prior CJEU decisions.
He opined that the German law was wrong to oblige general and indiscriminate storage of a very wide range of traffic and location data. The time limits (4 weeks for location data and 10 weeks for other data) did not, he stated, remedy that as the storage should have been targeted.
In the Irish case, the designated storage period was two years for the traffic and location data of all subscribers to the electronic communications providers. The Advocate General similarly opined that national security requirements permit the general and indiscriminate retention of traffic and location data, but not for the prosecution of offences.