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The Czech Republic’s longstanding practice of mass mobile phone data collection has been ruled illegal by a Prague court in what legal experts are calling a groundbreaking verdict that challenges the country’s data retention laws.
In a decision delivered by the Municipal Court in Prague, the Ministry of Industry and Trade was found to have violated EU law through the blanket collection of operational and location data from all mobile and landline users—information including when, where, and with whom people communicate. The court ruled the policy constitutes an unjustified interference with fundamental rights.
The case was brought by investigative journalist Jan Cibulka, who argued that the mandatory retention of mobile phone data infringed on his privacy and other fundamental freedoms. Judge Jana Tondrová, presiding over the appeal, stated, “The state did not respect EU law and failed to remedy this for a long time… This is not a marginal matter, but concerns all citizens of the Czech Republic.”
The court ordered the ministry to issue a formal apology to Cibulka and pay his legal costs. While the verdict is final at this level, the Ministry of Industry and Trade has the option to appeal to the Supreme Court.
Under current Czech law, telecom operators are required to retain user metadata for up to six months, a policy defended by the government as vital to national security and criminal investigations. The data is accessible to law enforcement agencies, intelligence services, and the Czech National Bank.
However, the court found that the scope and duration of data retention are disproportionate, especially when compared to other EU countries that either do not have similar regulations or maintain significantly shorter retention periods. “The current legal framework enables across-the-board collection of this sensitive data, and the Ministry failed to justify this with the actual security situation,” the court concluded.
Lawyer Jan Vobořil from digital rights group Iuridicum Remedium, who represented Cibulka, described the verdict as “landmark.” He noted that it aligns with earlier rulings from the Czech Supreme Court and the European Court of Justice that questioned the legality of broad data retention measures.
“If the ministry doesn’t successfully appeal, the state will need to revise or potentially abolish data retention altogether,” Vobořil said. “Otherwise, it risks a flood of similar lawsuits and potential compensation claims.”
The Ministry of Industry and Trade has not issued a formal response. Its legal representative declined to comment on the ruling, stating only that an appeal was being considered to avoid a “dangerous precedent.”
The verdict marks a turning point in a case that has spanned several years and multiple courts. Previous rulings had dismissed Cibulka’s claims, arguing the potential harm was speculative. But the Supreme Court overturned those decisions last year, affirming that EU law takes precedence and obligates national governments to protect individual rights against indiscriminate surveillance.
The ruling could force significant legislative change in Czechia and influence broader debates over privacy, surveillance, and state power in the EU.
