Data Retention
Filter resources
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Austrian government hacking law is unconstitutional
On 11 December 2019, the Austrian Constitutional Court decided that the surveillance law that permits the use of spying software to read encrypted messages violates the fundamental right to respect for private life (article 8 ECHR), the fundamental right to data protection (§ 1 Austrian data protection law) and the constitutionally granted right that prohibits unreasonable searches (Art 9 Austrian bill of rights – Staatsgrundgesetz).
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Portugal: Data retention complaint reaches the Constitutional Court
September 2019 brought us long-awaited developments regarding the situation of data retention in Portugal. The Justice Ombudsman decided to send the Portuguese data retention law to the Constitutional Court, following the Court of Justice of the European Union’s (CJEU’s) case law on blanket retention of data that lead to invalidation of Directive 2006/24/EC. This decision […]
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Your mail, their ads. Your rights?
In the digital space, “postal services” often snoop into your online conversations in order to market services or products according to what they find out from your chats. A law meant to limit this exploitative practice is stalled by the Council of European Union
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Civil society calls for a proper assessment of data retention
In preparation of a possible proposal for new legislation, the European Commission is conducting informal dialogues with different stakeholders to research about the possibilities of data retention legislation that complies with the rulings of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). As part of these […]
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Data Retention: EU Commission inconclusive about potential new legislation
On 6 June 2019, representatives from eight civil society organisations (including EDRi members) met with officials from the European Commission (EC) Directorate General of Home Affairs (DG HOME) to discuss data retention. This meeting, according to the EC officials, was just another one in a series of meetings that DG HOME is holding with different […]
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Czech Constitutional Court rejects complaint on data retention
Czech EDRi member Iuridicum Remedium (IuRe) has fought for 14 years against Czech implementation of the controversial EU data retention Directive which was declared invalid by the Court of Justice of the European Union (CJEU). After years of campaigning and many hard legislative battles, the fight has finally come to an end: on 22 May […]
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Austria: New “responsibility” law will lead to self-censorship
Shortly after the EU gave green light to upload filters, two laws were proposed in Austria, with the alleged goal of tackling online hate speech, that rang the alarm bells.
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Period tracker apps – where does your data end up?
More and more women use a period tracker: an app that keeps track of your menstrual cycle. However, these apps do not always treat the intimate data that you share with them carefully. An app that notifies you when to expect your period or when you are fertile can be useful, for example to predict […]
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EU Member States willing to retain illegal data retention
With its judgments in April 2014 (Digital Rights Ireland ) and December 2016 (Tele2 ), the Court of Justice of the European Union (CJEU) ruled that blanket data retention was illegal under EU law. Rather than repealing their illegal data retention laws, EU Member States have instead adopted a tactic of ignoring the highest court […]
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ECtHR gives a half-hearted victory against UK mass surveillance
On 13 September 2018, the European Court of Human Rights (ECtHR) delivered its ruling on the case brought by EDRi members Privacy International, Open Rights Group and other NGOs against the United Kingdom. The Court found several violations of the European Convention on Human Rights in three UK mass surveillance programmes. The Court’s judgment is […]
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Danish High Court ruling on data retention use and file sharing cases
On 7 May 2018, the Eastern High Court in Denmark delivered a ruling that internet service providers (ISPs) are not required to disclose subscriber information in file sharing cases.
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Litigation against the Danish government over data retention
Despite two rulings from the Court of Justice of the European Union (CJEU) in 2014 and 2016 against general and undifferentiated (blanket) data retention, a majority of EU Member States still have national data retention laws in place. Denmark is one these Member States.
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