Preventive Surveillance in the European Union

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Authors: Isadora Neroni Rezende
Cited by: 0

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