data retention
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Romania: The aftermath of the second CCR data retention ruling
As previously reported in the EDRi-gram, the Romanian Constitutional Court (CCR) ruled in its decision no. 440 on 8 July 2014 that the second Romanian data retention law (no. 82/2012) was not constitutional. The full reasoning for this was published in the Official Journal on 4 September 2014 in Romanian. EDRi-member ApTI is working on […]
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Public Oversight and The Rule of Law
Between 15th-19th of September, in the week leading up the first year anniversary of the 13 Necessary and Proportionate Principles, EDRi, the EFF and the coalition behind the Principles will be conducting a Week of Action explaining some of the key guiding principles for surveillance law reform. Every day, we’ll take on a different part […]
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The Principles Week of Action: A world without mass surveillance
Between 15 and 19 September, several digital rights organisations, including EDRi and many of its members, will be celebrating the first anniversary of the 13 International Principles on the Application of Human Rights to Communications Surveillance. The Principles were first launched in the Palais des Nations in Geneva on 20 September 2013. Drawing on international law […]
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Slovenia: Data retention unconstitutional, deletion of data ordered
The Constitutional Court of the Republic of Slovenia abrogated the data retention provisions of the Act on Electronic Communications (ZEKom-1) in its judgement U-I-65/13-19 of 3 July 2014 following the constitutional request lodged by the Information Commissioner in March 2013 and ECJ judgment of 8 April 2014 in Joined Cases C-293/12 and C-594/12. The Court […]
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UK: Emergency legislation on data retention pushed through
Faced with a lawsuit from NGOs challenging the legality of its data retention regulations (which are based on the data retention directive the European Court of Justice found unlawful in April 2014), the UK government brought in emergency legislation, a Data Retention and Investigatory Powers Bill (DRIP), to not only declare data retention to be […]
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Citizens demonstrate against data retention in Switzerland
On 31 May 2014, several hundred demonstrators gathered in front of the Swiss parliament in Berne to protest against mass surveillance by means of the so-called “data retention” of communications metadata. A legislative proposal that would significantly expand state powers of surveillance has already been approved by the Council of States (the smaller chamber of […]
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Denmark: Data retention is here to stay despite the CJEU ruling
Following the Court of Justice of the European Union (CJEU) ruling on 8 April 2014, which declared the data retention directive 2006/24/EC invalid, the Danish parliament asked the government about the implications for the Danish data retention law. On 2 June 2014, the government presented its response in a 30-page legal analysis and at a […]
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ENDitorial: Google Spain vs AEPD – the cup is half full
Judgements from the Court of Justice of the European Union (CJEU) are typically meant to settle debates about European law, not to stir them up. Last week’s judgement on Google versus Spain falls short of this goal. It is definitely groundbreaking and parts of its analysis have a beautiful logic. That Google is a data […]
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Legal analysis of the Data Retention ruling of the European Court
The legal service of the Council of the European Union has produced an analysis of the ruling of the Court of Justice of the European Union on the data retention Directive. While these documents are normally confidential, this text has been leaked and provides interesting insights into the ruling – making one wonder what justification […]
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Slovak Constitutional Court suspends data retention legislation
The European Court of Justice ruled on 8 April, in a case brought before the Court by EDRi member Digital Rights Ireland, together with the Austrian Working Group on Data Retention, that the Data Retention Directive contravenes European law. On 23 April 2014, the Slovak Constitutional Court preliminary suspended Slovak implementation of the Directive as […]
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Swiss data retention visualisation
The Swiss civil society group Digital Society Switzerland is working on building opposition to the practice of the “data retention” – the requirement for telecommunications companies to store for six months meta-data (such as information on who emailed or called whom, and where the telephones were located) and to make it available for law enforcement […]
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ECJ: Data retention directive contravenes European law
On 8 April, the European Court of Justice ruled that the EU legislation on mass surveillance contravenes European law. The case was brought before the Court by EDRi member Digital Rights Ireland, together with the Austrian Working Group on Data Retention. While it will take some time to get a clear view of what is […]
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