Important decision
The Supreme Court has published the legal principle underlying its ruling in Case No. 30 Cdo 2556/2025, according to which the Czech regulation on the blanket retention of traffic and location data conflicts with European Union law. Under the law, operators retain the data of virtually all users of electronic communications without any connection to a specific suspicion or security threat.
According to Section 97(3) of the Electronic Communications Act, providers must retain traffic and location data for a period of six months. This does not refer to the content of the calls or messages themselves, but rather to data such as who communicated with whom, when, and for how long, as well as location data and information about internet connections. The Supreme Court emphasized that it is precisely the combination of this metadata that can allow for relatively accurate conclusions about a person’s private life. According to the Court, the Czech regulation is problematic in that it applies to virtually all users and the retention is carried out preventively, without distinction based on a specific purpose, person, location, or situation.
The Supreme Court thereby followed the long-standing case law of the Court of Justice of the European Union, according to which the general and indiscriminate retention of traffic and location data for the purpose of combating crime is generally not permissible; by contrast, EU law permits targeted retention under precisely defined conditions. In this specific case, the Supreme Court also confirmed the Czech Republic’s liability for violating EU law and upheld the state’s obligation to apologize to the plaintiff for the unjustified interference with his personality rights. While this ruling does not formally repeal the Czech legislation itself, the decision creates significant pressure for its amendment and strengthens the protection of privacy and informational self-determination.
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