C-293/12 & C-594-12 Digital Rights Ireland v Ireland [2013]

C-293/12 and C-594-12 Digital Rights Ireland Ltd v Ireland [2013] ECR I-845 involved a challenge to the validity of the Data Retention Directive, which required telecommunication companies to retain customer data for the purpose of crime prevention, investigation, and national security. The applicants contested the directive on the grounds that it violated the right to privacy (Article 7) and the right to the protection of personal data (Article 8) as enshrined in the Charter of Fundamental Rights.

The Court of Justice of the European Union (CJEU) ruled that the Data Retention Directive was invalid. The CJEU held that by adopting Directive 2006/24, the EU legislature had exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8, and 52(1) of the Charter of Fundamental Rights.

The Court pointed out that the directive did not establish clear and precise rules governing the extent of interference with Articles 7 and 8 of the Charter. Additionally, it lacked sufficient safeguards to protect the retained data from the risk of abuse and unlawful access. The CJEU emphasised the importance of respecting fundamental rights, including the right to privacy and the protection of personal data, and concluded that the Data Retention Directive failed to strike the necessary balance between security concerns and the protection of individual rights. As a result, the directive was deemed invalid. This decision had significant implications for data retention practices within the EU, reinforcing the need for a careful balance between security measures and the protection of fundamental rights.
Back to blog
UOL Case Bank

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law


    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory


    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.