Brno – The Czech Supreme Court (NS) has determined that the country’s regulation on the blanket retention of electronic communication data has long and significantly violated European Union law. Despite this ruling, the law remains effective, as the NS lacks the power to annul legislation, making any potential changes contingent upon political action. The Ministry of Industry and Trade (MPO) is reviewing the ruling to decide on subsequent actions. Meanwhile, telecommunications operators are required to comply with the current regulation, stated Jiří Grund, president of the Association of Mobile Network Operators, to ČTK.
The legal dispute revolves around the requirement for operators to retain data that reveals communication patterns, while the actual content of messages is not subject to blanket retention. The judgment can be accessed temporarily on the official notice board. In this case, the NS rejected the MPO’s appeal on a legal matter, mandating the ministry to apologize to journalist Jan Cibulka for infringing upon his rights to privacy and personal data protection. Cibulka, with the assistance of Iuridicum Remedium (IuRe) lawyers, filed a lawsuit against the Czech state in 2021.
The contested regulation requires communication network operators to retain traffic and location data for six months. The court found that this legal requirement does not align with EU legislation or the judgments from the Court of Justice of the EU. Additionally, the NS emphasized that the state holds responsibility for both financial and non-financial damages arising from the improper implementation of EU directives.
Grund noted, “If the court now asserts that the current law contravenes EU law, it acts as a clear signal for the ministry and lawmakers to amend the regulation. However, until such amendments occur, we must adhere to the existing law.” He also mentioned that the Ministry of the Interior had sought to further extend the data retention obligation last year.
The Constitutional Court has addressed the issue of traffic and location data retention multiple times in the past, annulling the regulation twice. Most recently, in 2019, the constitutional judges rejected a proposal for annulment. The NS highlighted that since then, the Court of Justice of the EU has delivered several critical rulings that have heightened scrutiny on blanket data retention. As a result, the constitutional judges evaluated a different legal situation at that time, mainly focusing on compliance with the Czech constitution, while the NS examined the European context.
Any new proposal for annulment must be presented to the Constitutional Court by an authorized petitioner, such as a group of deputies or senators. (8 January)
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