data retention
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Opinion on the Passenger Name Record CJEU case
In Case-817/19, Belgium’s Constitutional Court has asked the EU Court of Justice whether the PNR Directive (2016/681) is compatible with the Charter of Fundamental Rights. The hope must be that the Court will stand up for the rights of individuals, enforce the Charter of Fundamental Rights, and declare the PNR Directive (like the Data Retention Directive) to be fundamentally in breach of the Charter.
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EU: Data retention strikes back? Options for mass telecoms surveillance under discussion again
In June 2021 the European Commission sought the views of member states on ways to reintroduce the bulk retention of telecoms traffic, location and internet connection data on everyone in the EU. Responses from seven member states, published here, show a divergence of views on what data to retain and when, but a majority in favour of new EU legislation.
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Data Retention? Advocate General says “Asked and answered!”
After the 2020 landmark ruling (La Quadrature du Net and others), one would have hoped that the Court had provided sufficiently clear conclusions with regards to the legality of data retention regimes in the EU. Nonetheless, the three referring national courts maintained their requests for preliminary rulings.
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Do no harm? How the case of Afghanistan sheds light on the dark practice of biometric intervention
In August 2021, as US military forces exited Afghanistan, the Taliban seized facial recognition systems, highlighting just how a failure to protect people’s privacy can tangibly threaten their physical safety and human rights. Far from being good tools which fell into the wrong hands, the very existence of these systems is part of broader structures of data extraction and exploitation spanning continents and centuries, with a history wrapped up in imperialism, colonialism and control.
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New Belgian data retention law: a European blueprint?
On 21 April 2021, the Belgian Constitutional Court canceled the country’s data retention law, which has allowed every Belgian’s telecom, location and internet metadata to be retained for 12 months, for its potential use in criminal investigations. The Belgian Constitutional Court followed the Court of Justice of the European Union’s (CJEU) judgment released a few months earlier, which declared that practice of general and indiscriminate retention of personal data illegal (for the third time).
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Big brother at the Prague airport. The state refuses to explain how the biometric camera system works
When Václav Mach, collaborator of the Czech digital-legal organization, an EDRi member, Iuridicum Remedium (IuRe) and law student at the University of Olomouc, asked the state for more detailed information on the use of smart biometric cameras at Prague's Václav Havel Airport, he obtained just general phrases. "They kept secret what they could. Their non-transparency doesn’t add to their credibility,“ he says in an interview with HlídacíPes.org. The article below is a summary of the more extensive interview, translated from Czech into English by EDRi member IuRe.
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The terrifying expansion of Sweden’s state surveillance
For the last couple of years the Swedish parliament has been expanding the surveillance capabilities of law enforcement. After the European Court of Justice struck down Sweden's data retention law, the national parliament passed a replacement that did nothing to address any of the issues criticized in the first law. If telecom providers were to challenge it, which no one has shown any willingness to do, it would most likely be struck down again.
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Biometric ‘permission to travel’ scheme in Borders Bill will affect tens of millions of people
The attack on the asylum system proposed by the UK government in the Nationality and Borders Bill has provoked outrage. However, the Bill also includes proposals to introduce an electronic 'permission to travel' scheme that would involve gathering biometric and other data from tens of millions of people. The UK Parliament's Joint Committee on Human Rights (JCHR) is conducting legislative scrutiny on the Bill. EDRi's member Statewatch submitted written observations to the inquiry last week.
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Europe’s Data Retention Saga and its Risks for Digital Rights
It seems that despite several Court of Justice of the European Union (CJEU) decisions in this area, the data retention saga is unlikely to come to an end any time soon. After the invalidation of its previous instrument, the 2006 Data Retention Directive, the European Commission is currently trying to devise a new plan for the retention of traffic and location data for law enforcement and security purposes in the European Union (EU). The Commission stands at a crossroad: to intervene or not to intervene, that is the question.
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Fear and loathing in the UK adequacy decision
The Council of the European Union unanimously approved the United Kingdom (UK) draft adequacy decision. In an ideal world, this would indicate that the UK offers an adequate level of protection for personal data, and would signal their willingness to retain those standards. Unfortunately, reality tells a different story, that should be worrying for human rights advocates on both sides of the channel.
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Europol inches closer to increasing its powers despite lacking accountability
Europol was caught breaking the law and developing new initiatives without any proper legal basis (e.g. Europol’s innovation lab). Many proposed changes to Europol's mandate show an attempt to legalise the agency’s unlawful activities. In addition, this revision is happening even before the first implementation evaluation of Europol’s Regulation, planned for 2022, has been carried out. Without this evaluation, it is impossible to assess whether the current rules impede the fulfilment of the Agency’s missions and whether its working practices respect fundamental rights.
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CJEU upholds strict requirements for law enforcement access to electronic communications metadata
Traffic and location data may allow precise conclusions to be drawn about the persons involved, e.g. their social relationships or the social environments frequented by them. In most cases, the CJEU has only allowed access to such data for serious crimes. However, the CJEU ruled that access to retained data is only allowed in cases of serious crime when the access implies a serious interference, and in all criminal cases when the access does not imply a serious interference.
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