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Submission + - German Court rules in favor of data retention freeze

nachtkap writes: On the basis of a 2015 law, German ISP's where supposed to save call, message and location data of mobile phones, starting June 2017 for four weeks. A Munich ISP sued shortly before the end of the implementation period and got a preliminary injunction. T-Mobile parent Deutsche Telekom then sued because it wanted legal certainty. The Administrative Court of Cologne (VG Köln) has now ruled in principal proceedings that the data retention violates European law. The court agreed in it's ruling with the preliminary injunction of the Administrative Appeals Court that the law violates a Company's entrepreneurial freedom. The case can now advance to the German Supreme Administrative Court because the appeals court has already agreed with the lower court. Which in turn could ask the European Supreme Court (ECJ) for it's legal opinion. The lawsuit could be joined at the ECJ by several legal challenges the German Supreme Court (Bundesverfassungsgericht) considers referring.
Basis for the decision is a 2016 ECJ ruling where groundless data retention in Sweden and the UK where at issue.
This is the second try at a data retention law under the conservative CDU/CSU lead goverments of Chancellor Merkel.
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German Court rules in favor of data retention freeze

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