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posted by janrinok on Saturday January 18 2020, @01:07PM   Printer-friendly
from the my-data-is-still-my-data dept.

Arthur T Knackerbracket has found the following story:

Analysis: In a massive win for privacy rights, the advocate general advising the European Court of Justice (ECJ) has said that national security concerns should not override citizens' data privacy.

That doesn't mean that the intelligence and security services should oblige communications companies to hand over information, especially when it comes to terrorism suspects, the opinion, handed down yesterday, proposes. But it would mean that those requests will need to be done "on an exceptional and temporary basis," as opposed to sustained blanket harvesting of information – and only when justified by "overriding considerations relating to threats to public security or national security."

In other words, a US-style hovering [sic] up of personal data is not legal under European law.

The legal argument being made by the AG is technically advisory - the ECJ has yet to decide - though in roughly 80 per cent of cases it does side with the preliminary opinion put forward by its Advocate General, in this case Manuel Campos Sánchez-Bordona.

If the ECJ agrees, it could also have significant implications for the UK which has passed a law that gives the security services extraordinary reach and powers – which is in a legal limbo due to the ongoing Brexit plans to leave the European Union.

If this proposed legal solution is adopted by the court, the UK will be able to retain its current laws, though it would almost certainly face legal challenges and would have a hard time reaching an agreement with Europe over data-sharing – something that could have enormous security and economic implications.

The case itself was sparked by a legal challenge from Privacy International against the UK's Investigatory Powers Act (IPA) as well as a French data retention law.

In essence, the issue was whether national governments can oblige private parties - in this case, mostly ISPs - to hand over personal details by simply saying there were national security issues at hand.

The AG opines that no, it cannot: the European Directive on privacy and electronic communications continues to apply, and is not superseded by security claims. It does not apply to public bodies who are obliged to do what the government says.

-- submitted from IRC


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  • (Score: 2) by jmichaelhudsondotnet on Sunday January 19 2020, @02:54PM

    by jmichaelhudsondotnet (8122) on Sunday January 19 2020, @02:54PM (#945296) Journal

    I am facing homelessness. No one has contribted yet, ever, to anything I write. :( (well some people have pointed out typos or said it is too long, etc)

    You can imply that anyone who is on the brink, like you are describing, which has been by far the dominant experience I have had in the world too, is included in my 'hey don't feel bad if you just read and don't have anything to give'

    It is just the sliding scale, brevity sacrifices precision sometimes and we have to clear it up with a short coversation like this.

    I made these to describe my unapologetic stance and permanent class affinity, I hope people are sharing it widely. Because they are soon going to ask for us to pay back the same debt they stole too, they only got half of it from stealing our taxes and wages, the other half they got from borrowing under the promise we would be the ones to eventually pay it back once their elaborate dine-and-dash operation was complete and the united states was in shambles.

    https://archive.is/ZinJT [archive.is] wage and property theft using interest
    https://archive.is/bRCdQ [archive.is] blind us to it by controlling mass media
    https://archive.is/dmjdm [archive.is] the left hand side of this is the big picture of how they are literally driving us insane and killing us through poverty

    Interest. It is so evil.

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