Opinion of Advocate General to CJEU: means and methods of combating terrorism must be compatible with the rule of law

The Advocate General Campos Sanchez-Bordona to the Court of Justice of the European Union (CJEU) issued his non-binding opinion in four joined cases concerning the retention of and access to personal data in the context of national security. He stated that general and indiscriminate retention of personal data is not compliant with EU law. He recommends ‘limited and discriminate retention (that is, the retention of specific categories of data that are absolutely essential for the effective prevention and control of crime and the safeguarding of national security) for a determinate period adapted to each particular category, and limited access to that data’. Final judgement in these cases to follow.