France’s Highest Administrative Court (Council of States) on Wednesday gave its ruling on the national policy concerning data retention creating conflict between French and EU laws.

The ruling was long-awaited as it clarified France’s stance on data retention policies. Prior to the ruling by the Council of States, it was speculated that France might bypass EU laws on data retention on account of the strict approach taken by the Court of Justice of the European Union (CJEU) while interpreting national security exemptions on data retention under e-privacy Directive.

The French government resisted inculcating the regulatory changes purported by the CJEU into the data retention laws of France. The issue was further put forth for adjudication by the French Government to the Council of States. The Council of States proceeded to analyze whether regulatory changes purported by CJEU would jeopardize  French constitutional requirements related to security and the fight against crimes.

Once satisfied that the interpretation of the CJEU is not in conflict with the scheme of the French Constitution, and that the solutions provided by the CJEU regarding access of data through expedited retention are proper alternatives used by the French Government, the Council of States ordered the Prime Minister to comply with the requirements set forth by CJEU in the next six months.