Preventive Surveillance in the European Union
Abstract
This chapter examines the Court of Justice of the EU’s case law on data retention and surveillance, highlighting its key findings and inconsistencies. Since Digital Rights Ireland, the Court has assessed the proportionality of metadata retention by weighing the severity of interference – determined by factors such as data type, processing, and scope – against the public interest pursued, particularly since La Quadrature du Net. The chapter underscores how the incorporation of national security within EU law, and the acceptance of mass data retention, marks a significant shift in the CJEU’s jurisprudence.
Fields of Study & Subjects
European Criminal Justice and Data Protection
Digitalization
Law
and Regulation
Criminal Law and Evidence
Publication details
- Journal / source
- Routledge eBooks
- Pages
- 131–147
- Publication date
- 10 February 2026
- Language
- EN
- Document type
- Book chapter