Invalidité de la directive 2006/24/CE du 15 mars 2006

La CJUE a jugé dans un arrêt du 8 avril 2014 que la directive 2006/24/CE du Parlement européen et du Conseil, du 15 mars 2006, sur la conservation de données générées ou traitées dans le cadre de la fourniture de services de communications électroniques accessibles au public ou de réseaux publics de communications, et modifiant la directive 2002/58/CE, est invalide. ( CJUE, 8 avril 2014, Digital Rights Ireland Ltd c/ Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, Commissioner of the Garda Síochána, Irlande).droit-communautaire

La Cour a considéré qu’en « imposant la conservation des données énumérées à l’article 5, paragraphe 1, de la directive 2006/24 et en permettant l’accès des autorités nationales compétentes à celles-ci, cette directive déroge… au régime de protection du droit au respect de la vie privée,  instauré par les directives 95/46 et 2002/58, … ces dernières directives ayant prévu la confidentialité des communications et des données relatives au trafic ainsi que l’obligation d’effacer ou de rendre anonymes ces données lorsqu’elles ne sont plus nécessaires à la transmission d’une communication, hormis si elles sont nécessaires à la facturation et uniquement tant que cette nécessité perdure. » Cela constitue une ingérence d’une vaste ampleur et particulièrement grave dans les droits garantis par les articles 7 et 8 de la Charte des droits fondamentaux.
Si la conservation des données aux fins de permettre aux autorités nationales compétentes de disposer d’un accès éventuel à celles-ci répond effectivement à un objectif d’intérêt général, soit la lutte contre le terrorisme international en vue du maintien de la paix et de la sécurité internationales, mais la Cour estime que le législateur de l’Union a excédé les limites qu’impose le respect du principe de proportionnalité au regard des articles 7, 8 et 52, paragraphe 1, de la Charte.

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