Applicability of the ‘Tele2 Sverige/Watson requirements’ in the national security field

Having regard to Article 4 TEU and Article 1(3) of Directive 2002/58/EC4 on privacy and electronic communications (the “e-Privacy Directive”), does a requirement in a direction by a Secretary of State to a provider of an electronic communications network that it must provide bulk communications data to the Security and Intelligence Agencies (SIAs) of a Member State fall within the scope of Union law and of the e-Privacy Directive?

If the answer to Question (1) is “yes”, do any of the Watson Requirements, or any other requirements in addition to those imposed by the ECHR, apply to such a direction by a Secretary of State? And, if so, how and to what extent do those requirements apply, taking into account the essential necessity of the SIAs to use bulk acquisition and automated processing techniques to protect national security and the extent to which such capabilities, if otherwise compliant with the ECHR, may be critically impeded by the imposition of such requirements?

See also:

AG: Data Retention Should Be Strictly Limited and

Federal Administrative Court Refers German Data Retention Law to European Court of Justice

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Related links

• CJEU: Data Retention Allowed in Exceptional Cases ^News
• AG: German, irish and French Data Retention Rules incompatible with EU Law ^News