Heidi Waem and Gert-Jan Fraeyman of DLA Piper write:
On 22 April 2021, the Belgian Constitutional Court annulled the Act of 29 May 2016 on the collection and storage of data in the electronic communications sector (the Data Retention Act). This judgment, which follows a decision of the Court of Justice of the European Union (CJEU) pursuant to the Constitutional Court’s request for a preliminary ruling in respect of article 15(1) of the Directive 2002/58/EG of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (the e-Privacy Directive), may have significant implications for the Belgian investigation and prosecution authorities in their fight against serious crime and threats to national security.
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