Thread by @DNBSevilla

"I see data retention laws"

https://twitter.com/LauKaya/status/1381936720896229377

Birgit Sippel mentioning how "some Member States" **coug cough** France **coug cough** are ready to ignore primary and secondary EU law #EUdataP

She mentions the @laquadrature case and the fact that the French Conseil d'État is encouraging to disregard CJEU law. She asks what the Commission is planning to do if that were to happen.

Also, she says that in the ongoing discussions on data retention in the context of #ePrivacy, the Council's text is trying to ignore the CJEU case law

Now In't Veld jumps talking about the obsession of some states on "mass surveillance", which is what data retention is and mentions the same anecdotal evidence coming over and over. She says, why are States coming back to the CJEU time and time again?

She is herself waiting for a response on her own case on surveillance in France, 5 years after she launched it liberation.fr/planete/2018/0…

In't Veld says that the danger is that if France respects the CJEU case law on data retention it would affect the constitution of France. That is the path to the self-destruction of the EU.

Patrick Breyer says that national mass surveillance legislation is still on in many Member States and that nothing is done about it. "How many more years and judgments will take for the EC to take infringement proceedings against Member States?"

He also insists in the need for something more than anecdotal evidence of the need for data retention laws. (spoiler: they don't have it).

From our side, we already gave evidence to the Commission of what is wrong with data retention on our latest report on this topic edri.org/wp-content/upl…

Worry not. The European Commission said they would "monitor" existing data retention laws... That was in 2015 edri.org/our-work/europ…

Agreed with Olivier Onidi that "we cannot stand still". The Commission, as the Guardian of the Treaties, needs to act against existing illegal data retention laws and the attempts from Member States to ignore CJEU jurisprudence

On why not implementing infringement proceedings the reply from the Commission is that the "we are not in a dynamic of infringement proceedings, but of cooperation"