The Electronic Communications Act requires that communication service providers retain data. For example, identification of the communication destination point and date determination. Data must be retained for one year.
Reinsaar believed that the law violates European Union law. He also believed that his private life was violated. He wanted compensation for damages.
The court asked whether the state caused damage to Reinsaar. Did the telecommunications operator collect Reinsaar's movement and location data?
The court decided not to satisfy the complaint. The prerequisites for compensation were not met. Certain conditions must be met for compensation of damages.
The court stated that the Estonian state violated an obligation. The state failed to bring the law into compliance with EU law. The violation had not ended by the time of the court decision.
The court said that data collection violates privacy. It is not proportional.
The court added that the condition regarding direct applicability was not met. The directive was not directly applicable. The complaint remained unsatisfied.
An appeal can be filed with the Tallinn Circuit Court until December 7.