Important decision
The Supreme Court has rejected the appeal of the Czech Republic – Ministry of Industry and Trade in the dispute over the so-called data retention and confirmed that the Czech legislation on the blanket retention of traffic and location data on electronic communications violates European Union law in a long-standing and particularly serious way. The State must apologise to the claimant.
The Supreme Court concluded that the regulation of the retention of traffic and location data pursuant to Section 97(3) of the Electronic Communications Act aims at the preventive and indiscriminate collection of data of virtually all users. The scope of the data stored allows sensitive conclusions to be drawn about the private lives of individuals and therefore, according to the Court, constitutes a serious interference with the right to privacy and informational self-determination.
The Court stressed that a blanket measure of this type would have to have precisely defined conditions in the law and be subject to full judicial review in accordance with the case law of the CJEU, which the Czech legislation does not meet. It also reiterated that the state is liable for material and non-material damage caused by incorrect implementation of EU law – even if the violation was committed by law. The Supreme Court cannot repeal the law itself; any legislative changes will therefore be up to the legislator.
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