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Nah. The CFREU (Charter of Fundamental Rights of the EU) is binding on EU bodies, and national bodies only when they are implementing EU law. It doesn't directly bind other things national bodies do. That's the job of the ECHR (European Convention on Human Rights), which is not part of the EU.

The CJEU ruling relies on proportionality and the competence of the EU to legislate what it did. We're not about to get a ruling from the ECtHR that keeping telecoms data for two years violates the ECHR.

tldr: (!mandatory) =/=> (illegal)




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