Leaked report on Data Retention Directive shows fundamental flaws

Under Article 14 of the Data Retention Directive the Commission must produce a public evaluation of the application of the Directive before 15 September 2010. A draft version of that document has now been leaked (along with the Irish Government’s submission) and makes for...
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Data Retention Challenge – High Court update

After last week’s excitement, this week is something of an anti-climax – when the case came back before the High Court today the State applied for and were granted further time to consider the judgment. The case will be listed next on June 11th.
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High Court decision on our data retention challenge

Great news today from the High Court where Mr. Justice McKechnie gave an extremely favourable decision on our constitutional challenge to data retention laws. While the full judgment is 53 pages long, the gist is relatively simple. Long story short: today’s decision has...
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Why German data retention decision means Irish Bill should be scrapped

Karlin Lillington writes in today’s Irish Times about the German decision striking down data retention law as a breach of privacy and what it means for the Data Retention Bill currently before the Oireachtas. Here’s an excerpt: ANALYSIS: Data retention proposals about...
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Press Release on German Data Retention Decision

The civil rights organisation which brought the successful challenge to data retention before the German Constitutional Court has now issued a press release on that decision. Here’s the full text: Press release by the German Working Group on Data Retention (AK Vorrat) 2...
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German Constitutional Court strikes down data retention law

Great news from Germany, where the Federal Constitutional Court has found data retention law to be incompatible with the right to privacy under the German Constitution. More thoughts on the decision and the implications for our own case at a later stage, but for the meantime...
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English translation of Romanian data retention decision now available

Last month the Romanian Constitutional Court issued an important decision holding that national data retention laws were unconstitutional and in breach of the European Convention on Human Rights. The full text of that judgment is now available in English and makes cheering...
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Data Retention Bill at Committee Stage

The Data Retention Bill goes to Committee Stage before the Dáil today. The Irish Council for Civil Liberties have put together some excellent submissions on how the Bill should be amended to protect fundamental rights – a copy is here. Séan Sherlock (Lab.) is also on top of...
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Romanian Constitutional Court finds data retention law unconstitutional

From an email by Bogdan Manolea: The Romanian Constitutional Court declared, yesterday afternoon, the data retention law (law 298/2008) as unconstitutional, as it breaches art 28 of the Romanian Constitution which provides that secrecy of the letters, telegrams and other postal...
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Data Retention – Should it be left to a private agreement between the State and Telcos?

Karlin Lillington has a strong piece in today’s Irish Times about a leaked draft agreement on data retention between state agencies (the Garda Síochána, Revenue and Defence Forces) and the telecoms industry (represented by ALTO, TIF and the ISPAI). Her comments are worth...
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