Abstract The European Union (EU)’s legal stance on data retention for law enforcement purposes has shifted from one of strict exceptionality to a broader acceptance. Landmark rulings by the Court of Justice of the European Union (CJEU) in Bezirkshauptmannschaft Landeck and La Quadrature du Net II mark a significant turning point, unprecedentedly allowing Member States to authorize the preventive storage of individuals’ personal data for the investigation of minor offences, including copyright infringements. The article examines this development with a particular focus on the CJEU’s application of the principle of proportionality in this latter scenario. The analysis unveils an incomplete legal reasoning that fails to accurately address the peculiarities of copyright infringements and safeguard the essence of the right to data protection. This raises a cautionary note against the spreading across the EU of automated copyright enforcement systems based on the general and indiscriminate retention of internet users’ personal data.
Giulia Priora (2026) studied this question.