Germany.
"Another legal slap for the former grand coalition: The Federal Administrative Court (BVerwG) has now also decided that the obligation for service providers to store connection and location data for months, regardless of suspicion, which was inserted by Black and Red into the Telecommunications Act (TKG) is “completely incompatible”. with the European Electronic Communications Data Protection Directive. The provision that has already been suspended can therefore still not be applied. Deutsche Telekom and the Munich provider Spacenet sued and were proven right in lower courts five years ago."
"The federal government wanted to maintain the requirement despite multiple rulings by the European Court of Justice (ECJ) against data retention without reason and appealed to the Federal Administrative Court – represented by the Federal Network Agency. The Leipzig judges initially suspended the proceedings and asked the ECJ specifically about the relevant German paragraphs in the TKG. This declared the regulations to be incompatible with the fundamental rights guaranteed in the EU. Taking into account the decision of the Luxembourg judges, the BVerwG has now come to the conclusion that the TKG clauses “prescribe the retention of a large part of the traffic and location data without any reason, across the board and undifferentiated in terms of personnel, time and geography”."
