Suchergebnisse

The recent judgements of the CJEU on data retention should not be regarded as an authoritarian move towards a less fundamental rights-sensible position of the Court. Rather, the case law adapts the ever more complex development of the constitutional security law, which was originally dominated by the Member States. As a European court, the CJEU cannot simply ban certain police measures but must respect the complexity and heterogeneity of national law enforcement agencies.

Data retention is a relatively new phenomena. Due to the impact of 9/11 data retention became an important tool, according to governments, against terrorists and other criminals. Telecommunication service providers are obliged to retain non content data about the communications of its clients for a certain period of time. Law enforcement authorities may access this data after complying with certain requirements. However, data retention strongly interferes with fundamental rights, mainly the respect for private and family life and protection of personal data. The Court of Justice of the European Union (CJEU) has declared that existing data retention schemes are contrary to EU law. This analysis tries to clarify how data retention could be carried out in accordance with fundamental rights. It assesses the relevant case law from the CJEU, the applicable legal framework and data retention systems of other jurisdictions in order to determine parameters which are important for the future development of this investigation tool.

Analysis of the decision of the Court of Justice of the European Union in Joined Cases C-293/12 (Digital Rights Ireland) and C-594/12 (Kärntner Landesregierung), on the validity of the Data Retention Directive

This blog post compares the European and US approach to metadata surveillance and highlights some challenges that arise therefrom. It aims at shedding light on the main legal issues that may arise for the future of global counterterrorism. The essential role of courts in striking and keeping a balance between security and protection of human rights is further examined in light of the judgement in La Quadrature du Net II. Efforts should be made to avoid that the economic power of the US would lower the privacy standards when it comes to metadata surveillance.

Data Retention in Europe -- Data Retention in the European Union -- Freedom of Communication and Data Retention in Judgments of the European Court of Human Rights -- Data Retention in Judgments of National Constitutional Courts -- Data Retention in Austria -- Data Retention in Belgium -- Data Retention in Bulgaria -- Data Retention in Cyprus -- Data Retention in Czech Republic -- Data Retention in Germany -- Data Retention in Ireland -- Data Retention in Poland -- Data Retention in Portugal -- Data Retention in Romania -- Data Retention in Slovakia -- Data Retention in Slovenia -- Common European Standard of Data Retention Law in Europe -- Judicial Dialogue on Data Retention Laws Shaping Common European Standard of the Protection of Freedom of Communication in the Digital Age: Concluding Remarks.

Mass data retention is all about proportionality. The threat level determines the proportionality of the means – both of which are subject to the perpetual flux of time. Data retention is intended to protect victims of digital crimes. To protect freedom online, our security services urgently need to be able to access stored IP addresses. The alarming developments in our security situation are calling many certainties from the past into question. This also involves a re-evaluation of traffic data retention.