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Expert retention is incompatible with EU law

2014-03-21  |  Comebuy News

An expert of the European Court of Justice (ECJ) has called incompatible anlasslose storing since 2006 planned telephone and Internet connection data for investigation purposes than with the EU fundamental rights. This reports the AP. The legal opinion is according to her, also in written form. In most cases the European Court of Justice follow the experts with his decision, it is said.

Reviewer was advocate general Pedro Cruz Villalón. He sees fundamentally hurt in particular the right to privacy by the directive. The prescribed time of archiving the metadata by up to two years he called disproportionate – and proposes a reduction to one year. After his assessment should the ECJ but not apply the directives, but legislators give time for necessary changes.

The question was been transferred to the Court of justice by the Irish High Court (PDF). In addition to an Irish company, the provincial Government of Carinthia and several thousand individuals from Austria occur as a plaintiff.

Germany had not implemented the directive of 2006, because the proposed law had been declared by the Federal Constitutional Court as unconstitutional. The Court left open the way for a second attempt though as I'm now also Villalón at European level, so far the Government but not on a new formulation could agree. That should change according to the coalition agreement between the CDU/CSU and SPD but in the next few months. Therefore, the new Government aims to storage for only three months.

Regarding the retention of telephone data, yesterday also NSA Director Keith Alexander has expressed once again. Before the U.S. Senate, he said according to the AAP: "There we have no other way to connect the dots." An end of data storage programs, NSA was "definitely not an option". More "restraint" by the Government had promised even before President Barack Obama.

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