The desire of European member governments to retain national data (for vague and comprehensive “security” purposes) and indiscriminate large-scale surveillance are incompatible with the basic principles of EU law (proportionality, respect for privacy, etc.). The battle with the European Court of Justice (CJEU), the EU’s supreme judiciary, which continues to defend its basic rights, has once again called for bitter legal criticism of domestic legislation on large-scale data retention.
This time, the German data retention law was struck by the CJEU, which retains customer communication traffic data proposed by ISPs (Internet service providers) SpaceNet and Telekom Deutchland. Arbitrage following multiple lawsuits that challenge the obligation to do so.
Although no ruling has been issued yet, on November 18, local time, in an influential opinion from the CJEU adviser, the general and indiscriminate retention of traffic and location data is exceptional (related to the threat to national security). ), And the view that the data should not be retained permanently was expressed.
In a press release announcing the opinion of Justice Manuel Campos Sánchez-Bordona of the EU Court of Justice, the court said, “The answer to any of the issues mentioned is already in the court’s case. We believe it is included in the law or can be easily inferred from it, “he said. Is not a targeted method (such as for specific national security purposes), so it cannot be matched to EU law within the time limit imposed for storage. He clearly presented his views.
He points out that indiscriminate bulk collection creates “serious risks” such as personal data leaks or unauthorized access. He reiterated that it would bring “significant interference” to the private family life of citizens and the fundamental rights of personal data protection.
Although this view is not legally binding, the CJEU’s rulings tend to be tailored to advisors. However, the final proceedings in the proceedings are still months away.
The CJEU ruled a similar case a year ago. In a lawsuit in which several digital rights groups challenged the country’s large-scale data collection and retention under British and French law, the court at the time had only limited data collection and retention. I ruled that it would be forgiven.
In a groundbreaking decision in 2014, the CJEU dismissed the 2006 EU Directive aimed at harmonizing data retention rules within the sphere, arguing that the system constitutes excessive intervention in the rights of citizens. Then you would think that the member states should have received the message by now.
However, it seems unlikely that this legal conflict will settle. In particular, Netzpolitik obtained leaked discussion material showing that there are new moves to revive the Pan-EU data retention law among governments, and reported this summer. Based on that.
– EDRi (@edri) November 18, 2021
Image Credits: Vicente Méndez / Getty Images
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(Sentence: Natasha Lomas, Translation: Nob Takahashi / facebook)