In the judgement in joined cases C-293/12 and C-594/12 dated 8th April 2014 the European Court of Justice declares that the Data Retention Directive (2006/24/EC) is invalid as it increases chances of abuse of personal data and is disproportionate stating that "the wide-ranging and particularly serious interference of the directive with the fundamental rights at issue is not sufficiently circumscribed to ensure that that interference is actually limited to what is strictly necessary".
Directive 2006/24/EC was transposed into Maltese law by means of Legal Notice 98 of 2008.
Given that the Court has not limited the temporal effect of its judgement, the declaration of invalidity takes effect from the date on which the Directive came into force. This further means that any data collected pursuant to this Directive (and LN98/2008) can be effectively declared invalid and not usable in a court of law.
The press release issued by the ECJ can be found here:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
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