On 19 July 2016, Advocate General Henrik Saugmandsgaard Øe issued his non-binding opinion on two joined cases relating to the compatibility of UK and Swedish data retention legislation with EU data privacy law. He said that the UK and Swedish laws “may be compatible with EU law [but] subject to satisfying strict requirements.” The Advocate General stressed that such lawsv should only be aimed at fighting serious crime and must be “strictly necessary” for and proportionate for this aim. The Advocate General’s opinion is intended as advice to the European Court of Justice (ECJ) which is usually (but not always) followed. The ECJ’s verdict on the case is awaited.

The Opinion