Author(s): Valentin STOIAN
Publication name: Romanian Intelligence Studies Review
Publisher name: Mihai Viteazul National Intelligence Academy
Publication type: Journal article
Publication date: June 30, 2015
Pagination:
Issue/ Volume: 13/2015
DOI:
Abstract:
The aim of the paper is to compare and contrast the jurisprudence of the
European Court of Justice and the Romanian Constitutional Court on the topic of
metadata retention. The paper will argue that both Courts, when considering the effect
on the right to privacy, essentially see metadata retention and use as on a par with the
interception of the content of communication.
Firstly, the paper will commence with a summary of the directive and will
discuss its main provisions. Further, the centerpiece of the paper will be the comparison
of the Digital Rights Ireland decision and the RCC decisions. The common arguments of
the two courts will be drawn out and systematized in a table. This will be presented
according to the character of the action of metadata retention and to the type of
infringement detected by the Court (essential rights violation or disproportionality).
Keywords: jurisprudence, European Court of Justice, Romanian Constitutional
Court, metadata retention
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