data retention
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Indiscriminate data retention considered disproportionate, once again
EDRi’s initial reaction on the press release of the AG Opinion on data retention Today’s Court of Justice of the European Union (CJEU) Advocate General’s Opinions continue the firmly established case-law of the CJEU considering mass collection of individuals communications data incompatible with EU law. The Advocate General reaffirms that blanket retention of telecommunication data […]
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Danish data retention: Back to normal after major crisis
The Danish police and the Ministry of Justice consider access to electronic communications data to be a crucial tool for investigation and prosecution of criminal offences. Legal requirements for blanket data retention, which originally transposed the EU Data Retention Directive, are still in place in Denmark, despite the judgments from the Court of Justice of […]
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PNR complaint advances to the Austrian Federal Administrative Court
On 19 August 2019, Austrian EDRi member epicenter.works lodged a complaint with the Austrian data protection authority (DPA) against the Passenger Name Records (PNR) Directive. After only three weeks, on 6 September, they received the response from the DPA: The complaint was rejected. That sounds negative at first, but is actually good news. The complaint […]
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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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ePrivacy: Private data retention through the back door
Blanket data retention has been prohibited in several court decisions by the European Court of Justice (ECJ) and the German Federal Constitutional Court (BVerfG). In spite of this, some of the EU Member States want to reintroduce it for the use by law enforcement authorities – through a back door in the ePrivacy Regulation.
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FRA and EDPS: Terrorist Content Regulation requires improvement for fundamental rights
On 12 February 2019, the European Union Agency for Fundamental Rights (FRA) published an Opinion regarding the Regulation on preventing the dissemination of terrorist content online. In the same day, the European Data Protection Supervisor (EDPS) submitted its comments on the topic to the responsible committee in the European Parliament. These two texts complement EDRi’s […]
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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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NGOs urge Austrian Council Presidency to finalise e-Privacy reform
EDRi member epicenter.works, together with 20 NGOs, is urging the Austrian Presidency of the Council of the European Union to take action towards ensuring the finalisation of the e-Privacy reform. The group, counting the biggest civil society organisations in Austria such as Amnesty International and two labour unions, demands in an open letter sent on 6 November 2018 an end to the apparently never-ending deliberations between the EU member states.
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