111That being said, the option to derogate from the rights and obligations laid down in Articles 5, 6 and 9 of Directive 2002/58 cannot permit the exception to the obligation of principle to ensure the confidentiality of electronic communications and data relating thereto and, in particular, to the prohibition on storage of that data, explicitly laid down in Article 5 of that directive, to become the rule (see, to that effect, judgment of 21 December 2016, Tele2, C‑203/15 and C‑698/15, EU:C:2016:970, paragraphs 89 and 104).
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