Data Retention in Europe and Beyond

Eleni Kosta is a Professor of Technology Law and Human Rights at the Tilburg Institute for Law, Technology and Society (TILT, Tilburg University). In 2024, she co-edited a commentary on The EU Law Enforcement Directive (LED). In 2014, Professor Kosta was awarded a personal research grant for research on privacy and surveillance by the Dutch Research Organisation (VENI/NWO). She is a member of KYSATS, the Cyprus for the recognition of higher education qualifications. Eleni also collaborates as associate with the lawfirm timelex.Irene Kamara is an Assistant Professor of Cybercrime Law and Human Rights at the Tilburg Institute for Law, Technology and Society (TILT, Tilburg University) and an affiliated researcher at Vrije Universiteit Brussel. She has conducted research for the European Commission, the Dutch National Cyber Security Agency, the European Cybersecurity Agency among others. She is a member of the ENISA Experts List, the EDPB experts pool, and the CEN-CENELEC/BTWG 3 'STAIR' on STAndardization, Innovation and Research. Irene was the winner of the 2021 Standards+Innovation Individual Researcher award of the European Standardisation Organisations and is also a qualified attorney-at-law.

• 1: Eleni Kosta and Irene Kamara: Introduction: Data Retention in the EU and Beyond: An Evolving Landscape 2: Eleni Kosta: The Evolution of the CJEU Case Law on Data Retention: Towards the Regulation of Access 3: Valsamis Mitsilegas: Data Retention and the Judicial Parameters of Mass Surveillance in EU Law 4: Lorenzo Dalla Corte: A Critical Comment on Proportionality in the Mass Surveillance Jurisprudence of the CJEU and the ECtHR 5: Daniele Nardi: Proportionality and Strict Proportionality in the Case-law of the Court of Justice of the European Union on Data Retention 6: Xavier Tracol: Data Retention in the Proposed ePrivacy Regulation Caught between the Well-established Case Law of the Court of Justice and the Deep Disagreements of the EU Legislature: For a Legally Compliant Way Forward 7: Matthias Bäcker: Data Retention in Germany: Not a Never-ending Story After All? 8: Luigi Montuori and Veronica Tondi: The Long Way to the Compliance of Data Retention with European Union Law: The Italian Case 9: Christiana Markou: Consequences of the Collapse of a Directive: The Aftermath of CJEU Data Retention Case Law on Cypriot Jurisprudence 10: TJ McIntyre: Data Retention in Ireland: When European Law Meets National Recalcitrance 11: Maxime Lassalle: A Clash Between the French System and the CJEU Case Law on Data Retention? 12: Magdalena Brewczy'nska: Data Retention Amid the Erosion of the Constitutional Order: The Case of Poland 13: Lorena Bachmaier Winter and Antonio Martínez Santos: The Impact-or No Impact-of the CJEU Case Law on Data Retention in Spain 14: Marc van der HamEsther Baars: Data Retention and Law Enforcement in the Netherlands 15: Ayo Næsborg-Andersen: To Retain or (not) to Retain Data? The Danish Case 16: Vanessa Franssen and Catherine Van de Heyning: Belgium's New Data Retention Legislation: Third Time Lucky, or Three Strikes and You're Out? 17: Maria Bergström: The Swedish Data Retention Saga: From EU Initiator to Penalty Payments, Reviewed and Revised National Rules 18: Shweta Reddy Degalahal: Data Retention and Law Enforcement Access to Personal Data in India 19: Xenofon V Kontargyris: Regulating Data Retention in Japan 20: Bryce Clayton Newell: Regulating Access: A Brief Overview of US Regulations on Access to Communications Data 21: Maria Tzanou: The Judicialization of EU Data Retention Law: Epistemic Injustice and the Construction of an Unequal Surveillance Regime 22: Marco Bassini: Data Retention as a Matter of Constitutional Law 23: Lucas M Haitsma, Oskar J Gstrein, Heinrich Winter: Passenger Name Records: Necessary Data Retention to Fight Crime and Terrorism, or Threatening Privacy and Data Protection? 24: Niovi Vavoula: Data Retention and Automated Processing of Personal Data: Unpacking the CJEU's Approach 25: Maria Grazia Porcedda: Automated Analysis in the AFSJ and Digital Single Market Monitoring: An Effaced Nexus 26: Maria-Lucia Rebrean and Gianclaudio Malgieri: On Administrative and Surveillance Vulnerability and the Digital Government in the EU 27: Ivan Manokha: Data Retention and the 'Chilling Effect' in the Context of Mass Surveillance and a Tacit Sift Towards a Hobbesian state in Western Democracies