What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?

What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?
A . The requirements affected individuals without exception.
B . The requirements were financially burdensome to EU businesses.
C . The requirements specified that data must be held within the EU.
D . The requirements had limitations on how national authorities could use data.

View Answer

Answer: A

Explanation:

In 2014, the European Court of Justice (ECJ) declared the Data Retention Directive (2006/24/EC) invalid. The Directive required communication service providers to retain certain categories of data (related to electronic communications) for a period of between 6 months and 2 years, so as to ensure that the data would be available for the purpose of the investigation, detection, and prosecution of serious crime.

The ECJ found the directive to be invalid because it constituted a serious interference with fundamental rights to respect for private life and to the protection of personal data. The Directive affected all individuals without any exception, lacked clear criteria, and did not provide sufficient safeguards against the risk of abuse and unlawful access. It did not require any relationship between the data whose retention was provided for and a threat to public security, which meant even individuals not suspected of any wrongdoing had their data retained.

Option B is incorrect because the decision was not primarily based on financial burdens to businesses.

Option C is incorrect as the decision did not relate to data localization or where data must be held.

Option D is incorrect because the Directive’s problem was that it lacked sufficient limitations and safeguards rather than having them.