Data retention regimes in Europe in light of the CJEU ruling of 21 December 2016 in Joined Cases C-203/15 and C-698/15
Felix Divo made this acceso a documentos request to Unidad de Cooperación Judicial de la Unión Europea
Dear The European Union’s Judicial Cooperation Unit,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
The full document 10098/17, which was already made partially available on 03.01.2018 and can thus be found here: http://data.consilium.europa.eu/doc/docu.... I do not see a reason for why access to that information should be limited, especially since no personal data should be contained in the missing sections. The questionnaire only asks for the national legislation, which is publicly available anyways. I am especially interested in the description of the current legal framework that should be described in Annex 2 and hopefully gives an overview over the inhomogeneous legal landscape. But my request applies for the entire document, if it's publication is possible.
I am also requesting newer documents giving an overview on the legal frameworks for data retention in the EU/in Europe if such are available.
Thank you for your e-mail.
Eurojust will respond to queries/requests from the public as soon as
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Dear Mr Divo,
We hereby acknowledge receipt of your email dated 24 May 2018, registered by the Legal Affairs Office of Eurojust on the same day, wherein you request access to the documents mentioned in your email below.
We draw your attention to the fact that Regulation 1049/2001 is not applicable to Eurojust.
Please note that access to documents requests are handled under the Eurojust Decision to adopt rules regarding public access to Eurojust documents of 13/07/2004.
In accordance with Article 7(3) of the aforementioned decision, your application will be handled within 30 working days from the registration of your application. Therefore, the time limit will expire on 04/07/2018. In case this time limit needs to be extended, you will be informed in due course.
Legal Affairs Office
Dear Mr Divo,
We refer to your email dated 24 May 2018, registered by the Legal Affairs Office of Eurojust on the same day, wherein you requested access to the full Council document 10098/17 containing the report of Eurojust on "Data retention regimes in Europe in light of the CJEU ruling of 21 December 2016 in Joined Cases C-203/15 and C-698/15".
Having examined the document requested under the provisions of the Eurojust Decision to adopt rules regarding public access to Eurojust documents of 13/07/2004, we regret to inform you that your application cannot be granted and the report in question may only be partially disclosed, as full disclosure is prevented by exceptions to the right of access laid down in Article 4 of this Decision.
• Annexes 2 and 3 are fully expunged under exception 4(1)(a) fifth indent, where disclosure would undermine the protection of the public interest as regards the fulfilment of Eurojust’s tasks in reinforcing the fight against serious crime, given the need to protect the principle of mutual trust between Eurojust and the Member States.
• The references to specific Member States in paragraph 4.2 third bullet point of the report are also expunged not only on the grounds of Article 4(1)(a) fifth indent given the need to protect the principle of mutual trust between Eurojust and the Member States, but also on the grounds of Article 4(2) second and third indents, namely where disclosure would undermine the protection of court proceedings and investigations respectively.
In addition, concerning your additional request for any "newer documents giving an overview on the legal frameworks for data retention in the EU", we regret to inform you that Eurojust does not hold any newer document on this topic.
In accordance with Article 7(4) of the Eurojust Access to Documents Decision, you are entitled to make a confirmatory application requesting Eurojust to reconsider its position. Such a confirmatory application has to be addressed within 30 working days upon receipt of this reply to the Administrative Director of the Eurojust at the following email address:
Head of the Legal Affairs Office