The Open Rights Group says it will start legal action against the government if it continues to require telecoms companies to retain customer data under the banner of the now defunct Data Retention Directive. While the CJEU ruling that the Directive was invalid, technically applies retrospectively, meaning the government never had the right to retain the data in the first place, there has been uncertainty following the judgment as to whether the Directive should continue to apply until such time as the EU agrees replacement legislation.