ABSTRACT
The European Union (EU)’s legal stance on data retention for law enforcement purposes has recently shifted from one of strict exceptionality to a broader acceptance. Landmark rulings by the Court of Justice of the European Union (CJEU) in Bezirkshauptmannschaft Landeck and La Quadrature du Net II mark a turning point, unprecedentedly allowing Member States to authorize the preventive storage of individuals’ personal data for the investigation of minor offenses, including copyright infringements. The article examines this development with a particular focus on the CJEU’s application of the principle of proportionality in this latter scenario. The analysis unveils an incomplete legal reasoning that fails to accurately address the peculiarities of copyright infringements and safeguard the essence of the right to data protection. This raises a cautionary note against the spreading, across the EU, of automated copyright enforcement systems based on general and indiscriminate retention of Internet users’ personal data.
Priora, Giulia, Questioning the legality of personal data retention for the purpose of online copyright enforcement in the EU (May 5, 2025), IIC – International Review of Intellectual Property and Competition Law [10.1007/s40319-026-01715-8].
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