Constitutional Court
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Belgium’s data retention law must not undermine people’s right to privacy
Belgium's Parliament will soon vote on the draft law on the collection and retention of identification data and metadata in the electronic communications sector and the provision of such data to authorities. This draft law, as it is and if adopted without adequate adjustments, would pose a threat to people’s rights, such as the right to privacy and data protection, freedom of expression and information, press freedoms and professional secrecy guarantees, and would potentially set a dangerous precedent for other Member States.
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Romania: Mandatory SIM registration declared unconstitutional, again
On 18 February 2020, the Romanian Constitutional Court unanimously declared unconstitutional a new legislative act adopted in September 2019 introducing mandatory SIM card registration. The legislative act in question was an emergency ordinance issued by the Government which wanted to introduce this obligation as a measure “to improve the operation of the 112 emergency service […]
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ECtHR demands explanations on Polish intelligence agency surveillance
The European Court of Human Rights (ECtHR) has demanded the Polish government to provide an explanation on surveillance by its intelligence agencies. This is a result of complaints filed with the Strasbourg court in late 2017 and early 2018 by activists from EDRi member Panoptykon Foundation and Helsinki Foundation for Human Rights as well as […]
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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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Proposal to revoke data retention filed with the Czech Court
On 20 December 2017, EDRi member Iuridicum Remedium (IuRe) filed a request with the Constitutional Court of the Czech Republic to revoke the Czech data retention related legislation.
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Belgian Constitutional Court rules against data retention
On 12 June, following two actions for annulment brought independently, the Belgian Constitutional Court ruled against the mass collection of communications metadata. This ruling is line with a recent ruling from the Court of Justice of the European Union (CJEU) invalidating the directive that inspired the Belgian law. The Data Retention Directive (2006/24/CE) adopted in […]
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Spanish Citizens’ Security law: There is still some hope
Despite considerable global criticism, the Spanish Citizens’ Security law was passed on 26 March 2015, together with the reforms of the Criminal Code, which include punishment of badly-defined “terrorist crimes” online. The Citizens’ Security law was greatly opposed by political parties, but that was not enough against the majority in the Parliament of the Popular […]
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Turkish academics threaten Twitter with legal action
On 20 January 2015, two Turkish law professors sent a legal notice to Twitter representatives in Turkey and the US demanding to cease the removal of content and blocking individual accounts that have been requested by Turkish government. The notice points out examples of alleged violations of freedom of expression in court orders restricting internet […]
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Italy: Administrative copyright enforcement unconstitutional?
Leggi l’articolo in italiano qui: https://edri.org/italia-procedimento-amministrativo-incostituzionale-sul-diritto-d-autore On 26 September 2014, an Italian regional administrative tribunal referred a question regarding the constitutionality of the administrative enforcement procedures foreseen by a new regulation on online copyright infringement to the Italian Constitutional Court. The Regulation on Online Copyright Infringement entered into force on 1 April 2014. It allows […]
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Turkey: Constitutional Court overturns Internet law amendment
On 8 September, the Turkish Government passed an amendment to the existing Internet law (#5651). On 2 October, however, Turkey’s Constitutional Court annulled the most crucial parts of the amendment. The amendment that was passed “aims to protect the dignity and privacy of individuals who become victims of defamation on the Internet.” It provided a […]
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