The Council of State has examined the conformity with EU law of French rules on the retention of connection data. It also verified that the implementation of EU law, as interpreted by the Court of Justice of EU (CJEU) does not jeopardize the requirements of the French Constitution.
The Council of State rules that the existing threat to national security currently justifies the generalized retention of data. It also notes that the possibility of accessing connection data in order to fight serious crime allows, at the present time, the constitutional requirements of preventing breaches of law and order and the tracking down of authors of criminal offences to be ensured.
However, it orders the Government to reassess regularly the threat that exists in France so as to justify the generalized retention of data and to submit the use of these data by the intelligence services to clearance provided by an independent authority.