Interception And Retention of Communications Metadata in Europe

This chapter analyses the methodological shortcomings of the ECtHR and CJEU in addressing mass surveillance, building on the findings of Chapters 3 and 4 . It examines how both courts assess the legitimacy of intercepting and retaining communications metadata within Europe’s multi-level rights system. The creation of a distinct framework for mass surveillance raises conceptual and practical difficulties, including the definition of ‘mass surveillance’ and the legitimacy grounds for mass or targeted measures. The chapter also highlights feasibility concerns in implementing the CJEU’s dual system of targeted and mass retention, particularly regarding time limits, geographic scope, and technical conditions for storing data.