Supreme Court: Czechia’s data retention law breaches EU law

The Supreme Court has ruled that Czechia’s system of storing electronic communications data seriously violates European Union law.

The court rejected an appeal by the Ministry of Industry and Trade, confirming that the ministry must apologise to journalist Jan Cibulka for unlawfully interfering with his right to privacy and protection of personal data.

The judges said the law allows for the preventive and indiscriminate retention of data on almost all users of electronic communications. They warned that the scope of the stored information makes it possible to draw sensitive conclusions about people’s private lives, failing to meet standards set by the EU’s top court.

The Supreme Court also reiterated that the state is liable for both financial and non-financial harm caused by the incorrect implementation of EU legislation.

Author: Ruth Fraňková