By Pierre Berthelet, PhD in Law, specialised in EU Law, and is a researcher with CREOGN and Sylvie Peyrou, Maître de conférences HDR (Senior Lecturer with accreditation to supervise research), Université de Pau et des Pays de l’Adour, CDRE Bayonne

"In his opinion delivered on 15 January 2020, the Advocate General at the Court of Justice in Luxembourg, Manuel Campos Sánchez-Bordona, opposes the provisions of the Internal Security Code on the collection and retention of data for counter-terrorism purposes. However, he does not question the Code's provisions as such. His analysis focuses first and foremost on the control of proportionality. For some years now, the Court of Justice has been building up a body of case law on the retention of connection data and intelligence tools in the light of European data protection standards. Do these conclusions mark a continuity of the case law or, conversely, the beginning of a shift? One thing is certain, however: they express a very demanding balance between security and freedom. (...)"

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