Data retention and telecommunication providers: New EU Parliament meeting
Submitted by virginie on April 17, 2018 - 3:10pm
On April 11th, netCommons's legal team was at the European Parliament for a strategy meeting on he Future of Data Retention and Targeted Criminal Investigations.
In line with the workshop netCommons organised at the EU Parliament in October, this new event open letter sent : the abrogation of blanket data retention obligations. As a reminder, that:
Community networks strive to safeguard human rights in communication networks, and in particular the right to privacy and the confidentiality of communication. While we welcome recent rulings by the Court of Justice of the European Union holding that indiscriminate retention of metadata violates the Charter of Fundamental Rights, we are concerned about several member states’ willingness to circumvent these rulings to protect capabilities for indiscriminate surveillance. As EU lawmakers start/ARE discussing the overhaul of the ePrivacy Directive, we call on them to oppose any blanket data retention obligations and close existing loopholes in EU law to ensure that only targeted and limited retention obligations can be imposed on hosting and access providers.
This new strategy meeting welcomed NGOs defending digital rights, members of the European Parliament (Greens) and also academics. First, netCommons focused on the recent developments around data retention at the national level.The conclusion is clear: the legal framework of almost every member states is in breach of EU data retention lawhe rulings of the Court of Justice protecting fundamental rights are not applied.
There are several positive moves however:
- In France, two community networks from the FFDN federation have pending cases before national courts (1).
- In Germany, an administrative court set aside a national law as non compliant with EU law (2).
But e figured that a coordinated effort at the European level was needed.etCommons suggested a CNs. It is a bit too early to discuss the specifics. Suffices to say that, thanks to this meeting, we were able to reach out to more people to extend this project.
So stay tuned...
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(1): Their legal brief, in French, along with and all the updates about this pending case are available here: https://exegetes.eu.org/recours/
(2): The case law, in German, is available here: https://www.webshoprecht.de/IRUrteile/Rspr2799.php