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posted by janrinok on Tuesday April 08 2014, @04:56PM   Printer-friendly
from the common-sense-wins-for-now dept.

On the 8th of April 2014 the highest court of the EU, the Court of Justice (ECJ), has declared the EU Data Retention Directive invalid as reported by several sources including Reuters.

The court's statement is available from their site as "Judgment of the Court of Justice in Joined Cases C-293/12, C-594/12 Digital Rights Ireland" in PDF (size: 170 KB), and is available in several languages.

From the the ECJ press release:

The Court of Justice declares the Data Retention Directive to be invalid

It entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without that interference being limited to what is strictly necessary

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  • (Score: 2) by Bartman12345 on Tuesday April 08 2014, @05:03PM

    by Bartman12345 (1317) on Tuesday April 08 2014, @05:03PM (#28296)

    The EU seems to be getting a lot of things right lately.

    • (Score: 4, Informative) by moylan on Tuesday April 08 2014, @05:28PM

      by moylan (3063) on Tuesday April 08 2014, @05:28PM (#28305)

      in ireland we're currently enjoying the news that police stations had recorded their phone lines since the 80s up to and including conversations between lawyers and their clients.
      https://en.wikipedia.org/wiki/2014_Garda_phone_rec ordings_controversy [wikipedia.org]

      so you can't really judge by saying europe when the individual countries have very different practices.

  • (Score: 0) by Anonymous Coward on Tuesday April 08 2014, @05:09PM

    by Anonymous Coward on Tuesday April 08 2014, @05:09PM (#28299)

    My faith in EU has never been higher.

    • (Score: 4, Insightful) by davester666 on Tuesday April 08 2014, @05:58PM

      by davester666 (155) on Tuesday April 08 2014, @05:58PM (#28325)

      Maybe wait for the ruling to actually be implemented...just because something has been declared illegal doesn't mean your gov't will stop doing it.

  • (Score: 4, Insightful) by MrGuy on Tuesday April 08 2014, @05:33PM

    by MrGuy (1007) on Tuesday April 08 2014, @05:33PM (#28313)

    That's great. Really, really great.

    Now let's see how the ECJ is at enforcing that decision in the face of national laws demanding otherwise in the name of "national security."

    Come back and tell me when the data's actually deleted. I'll hold off on the champagne until then, thanks.

    • (Score: 1, Interesting) by Anonymous Coward on Tuesday April 08 2014, @05:41PM

      by Anonymous Coward on Tuesday April 08 2014, @05:41PM (#28318)

      ISP Banhof in Sweden already announced that they have deleted all data and stopped collecting new data.

    • (Score: 1, Informative) by Anonymous Coward on Tuesday April 08 2014, @05:42PM

      by Anonymous Coward on Tuesday April 08 2014, @05:42PM (#28319)

      EU law trumps national law - 'directive' means that the member states are bound to put the decision into national law or face EU fines

    • (Score: 3, Insightful) by jtt on Tuesday April 08 2014, @05:54PM

      by jtt (3540) on Tuesday April 08 2014, @05:54PM (#28323) Homepage

      Until now it was exactly the other way round. In several contries the EU regulation was used as an alibi for implementing these laws, with politicians claiming "we don't want that, but we're forced to because it's EU law". Now they can't hide anymore behind this. And the decision probably also will raise the chances to win at a national or European court quite a bit when you sue against such national laws.

      But hoping for the data getting deleted is probably futile, officially they probably will, but, as we all know, it's so important to keep some backups around;-)

    • (Score: 1) by q.kontinuum on Tuesday April 08 2014, @07:40PM

      by q.kontinuum (532) on Tuesday April 08 2014, @07:40PM (#28400) Journal

      Well, Germany still does not have any data retention in place (at least officially not...). They were expecting the verdict to give some guidelines for the acceptable duration, to create the appropriate German law within the coming weeks. This verdict hit them hard. Either they will start rallying for a change of the human rights charta of the EU (I wouldn't put it beyond them :-() or Germany will be spared.

      --
      Registered IRC nick on chat.soylentnews.org: qkontinuum
  • (Score: 3, Funny) by TK on Tuesday April 08 2014, @06:10PM

    by TK (2760) on Tuesday April 08 2014, @06:10PM (#28331)

    So I clicked on the Reuters story because I wanted a simplified version of the court's decision. Then I saw the caption on the title picture. and felt I had to share.

    An illustration picture shows a network cable next to a pack of smartphones in Berlin, June 7, 2013.

    --
    The fleas have smaller fleas, upon their backs to bite them, and those fleas have lesser fleas, and so ad infinitum