Note that: (my emphasis)
Europe's highest court said "general and indiscriminate retention of data" by governments is unlawful and cannot be justified within a democratic society. ...
Slight irony there: The EU can
tolerate it, because it is not a democracy (it's a federal state run by unelected "representatives"), but it's telling the UK how to suck eggs anyway.
However, though they may have it right if they are effectively saying that the law is "bad" per se
, it would be a non sequitur
("does not follow") to say that it "...cannot be justified within a democratic society", because, well it just has been justified
within a democratic society - i.e., the UK parliament passes the laws, and, last time I checked, the UK parliament is a pukka democratically elected body - unlike the EU, which is not