Constitutional Court Takes Important Step Toward Legal Certainty on Data Retention Legislation: ISPA Belgium Remains Critical of Feasibility and Privacy Protection

Constitutional Court takes important step toward legal certainty on Data Retention Legislation: ISPA Belgium remains critical of feasibility and privacy protection

Brussels, 26 September 2024 – The Constitutional Court today upheld the majority of the 2022 Belgian data retention law. ISPA Belgium, the association representing the Belgian internet ecosystem, welcomes this decision as a crucial step toward greater legal certainty, but remains concerned about the practical feasibility of the law and its impact on citizens' privacy.

After years of legal uncertainty, this ruling provides more clarity, but important questions remain unanswered. "We are relieved that there is now more legal certainty, something our sector has long needed," says Henri-Jean Pollet, Chairman of ISPA Belgium. "However, concerns persist regarding certain elements of the law, especially the mandatory retention of geolocation data. While the Court has confirmed that some retention obligations are necessary, it has also referred preliminary questions to the EU Court of Justice regarding the legality of these obligations. This indicates that full clarity on these specific aspects of the law is still pending."

These technical challenges and legal uncertainties place significant financial burdens on the sector, without fully guaranteeing the law's feasibility. In addition, ISPA Belgium highlights the ongoing tension between the retention obligation and fundamental privacy rights. "While we recognize the importance of combating crime, it should not come at the expense of citizens' privacy. We continue to advocate for balanced legislation that respects these rights," Pollet emphasized.

Constructive Dialogue Remains Essential

ISPA Belgium remains committed to working constructively with the government and other stakeholders to ensure that the legislation is implemented in a proportional, workable, and future-proof manner. "We hope that further clarification will follow soon so that we can continue to provide our services within a stable legal framework," Pollet concluded.