Archiv zur Kategorie English

Complaint on data retention kept secret [updated 24/02/10]

Even after the European Court of Justice has rejected Ireland’s action against the directive on data retention, the European Commission, the German and the Irish autorities are refusing to release Ireland’s reasoning to the Court. To justify its decision, Ireland writes: If a request for Ireland’s submission to the European Court of Justice was submitted […]


European Court to decide on traceability of communications [2nd update]

The European Court of Human Rights is to decide on the complaint of a victim of identity theft (Application Number 2872/02). In 1999, an unidentified person published an advertisement for a homosexual relationship under the name of the applicant, a then 12 year old boy. The offender was not prosecuted because national law limited access […]


Data retention and the German constitution

Excerpt from an e-mail of 2007/08/08: If the German parliament passes the bill on data retention later this year, we will file a complaint with the German Constitutional Court arguing that a blanket retention of the entire population’s communications data is grossly disproportionate and violates the German constitution. The German Constitutional Court has already ruled […]


Advocate General on access by IPR holders to communications data

Yesterday’s opinion by the European Court of Justice’s Advocate General states: Member states are not required by EC law to permit access by IPR holders to communications data for purposes of civil litigation. But they may, under EC law, do so on their own will. However, access may not be permitted in cases of minor […]

Kommentare (1)

Call on MEPs to vote against data retention

Sent the following e-mail to MEPs: Dear …, on Dec, 12th, the European Parliament will vote on a draft directive on data retention (COM(2005)0438). Whereas current EU legislation permits the storage of telephone and internet data only where it is needed for billing purposes, the new draft’s aim is to indiscriminately collect information on everybody’s […]


Amendments to proposed directive on data retention

Sent the following e-mail to MEPs: Dear …, I welcome the amendments tabled by some of your colleagues in regard to the proposed directive on data retention (COM(2005)0438), with the aim of limiting its harmful effects on society. In fact, nearly all amendments (LIBE_PR(2005)364679, LIBE_AM(2005)364849, ITRE_PA(2005)364724, ITRE_AM(2005)364725) are aimed at restricting the scope of the […]


Data retention and human rights

Sent e-mail to EU data protection officer: Dear Mr Hustinx, the Commission is currently drafting a directive on the retention of telecommunications traffic data, and you will probably be asked to issue an opinion in regard to this proposal. I have dealt with the matter of data retention academically and have written an essay on […]


Legal analysis: Telecommunications data retention and human rights

This paper examines the compatibility of blanket traffic data retention with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The essay was published in the European Law Journal in 2005. View paper (11 pages)


Contribution to Commission’s consultation on traffic data retention

This paper adresses questions of the need for a common data retention regime, the need for data retention and the legality of data retention. View contribution to Commission’s consultation on traffic data retention (pdf document, 3 pages, 24 kb).


Nächste Einträge »
Stoppt die Vorratsdatenspeicherung! Jetzt klicken & handeln!Willst du auch bei der Aktion teilnehmen? Hier findest du alle relevanten Infos und Materialien: