A COMPARATIVE ANALYSIS OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE AND THE ROMANIAN CONSTITUTIONAL COURT ON METADATA RETENTION
A COMPARATIVE ANALYSIS OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE AND THE ROMANIAN CONSTITUTIONAL COURT ON METADATA RETENTION

Summary/Abstract: The aim of the paper is to compare and contrast the jurisprudence of theEuropean Court of Justice and the Romanian Constitutional Court on the topic ofmetadata retention. The paper will argue that both Courts, when considering the effecton the right to privacy, essentially see metadata retention and use as on a par with theinterception of the content of communication.Firstly, the paper will commence with a summary of the directive and willdiscuss its main provisions. Further, the centerpiece of the paper will be the comparisonof the Digital Rights Ireland decision and the RCC decisions. The common arguments ofthe two courts will be drawn out and systematized in a table. This will be presentedaccording to the character of the action of metadata retention and to the type ofinfringement detected by the Court (essential rights violation or disproportionality)

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