La Quadrature du Net II and Data Retention under Article 15(1) ePrivacy Directive: CJEU Walks a Tightrope on IP Addresses Retention and Access for Public Authorities in Non-Serious Crime

Case C-470/21 La Quadrature du Net and Others v Premier ministre and Ministère de la Culture, Judgment of the Court of Justice of the European Union (Full Court) of 30 April 2024. This case is unique as it marks the first full court preliminary ruling by the Court of Justice of the European Union (CJEU) on a personal data protection issue. The case demonstrates the CJEU’s careful manoeuvring between the EU Member States’ desire to combat non-serious online crime (copyright infringement) through access by public authorities to retained data (in particular IP addresses) without prior review, and upholding the fundamental rights of Internet users to privacy, personal data protection and freedom of expression.