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Telecommunication data retention

Irish Court allows Data Retention Law to be challenged in ECJ

19 May, 2010
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This article is also available in:
Deutsch: Irisches Gericht lässt Vorratsdatenspeicherung vom EuGH prüfen


Recently, the Irish High Court ruled in favour of EDRi-member Digital Rights Ireland (DRI) allowing the civil liberties campaign group to challenge the EU Data Retention Directive at the European Court of Justice (ECJ). This is the result of four years of work by the legal team of the group.

In its action introduced in 2008 against the Ministers for Communications and Justice, the Garda Commissioner and the State, DRI claimed the defendants had illegally processed and stored data related to DRI and other mobile phone users contrary to Irish and European law.

German civil society calls for a definitive end to telecom data retention

21 April, 2010
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This article is also available in:
Deutsch: Deutsche Zivilgesellschaft fordert endgültigen Stopp der Vorratsdaten...


More than 40 organisations and associations have sent a letter asking the German Federal Minister of Justice to "push for the abolition of EU telecommunications data retention requirements" which compel phone and Internet companies to collect data about their customers' communications. According to the letter, data retention puts confidential activity and contacts (for example journalists, crisis lines and business partners) at risk of disclosure by way of data leaks and abuses.

German Federal Constitutional Court rejects data retention law

10 March, 2010
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This article is also available in:
Deutsch: Deutsches Bundesverfassungsgericht weist Vorratsdatenspeicherungsgeset...


The German Federal Constitutional Court rejected on 2 March 2010 the legislation requiring electronic communications traffic data retention for a period of 6 months.

The legislation on data retention, implementing the similar EU Directive, was passed by the Bundestag on 9 November 2007 and entered into force on 1 January 2008.

Update on the Belgian transposition of the Data Retention Directive

10 February, 2010
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This article is also available in:
Deutsch: Belgien: Neues zur Umsetzung der Vorratsdatenspeicherung


The transposition of the Data Retention Directive in Belgium has remained stagnant for a long time. Following a public consultation in May 2008 on a first draft law proposal and draft royal decree to transpose this Directive into Belgian law, a broad group of organisations voiced a strong position against the Data Retention Directive and the way in which the Belgian government wanted to transpose this into the national law.

Not only did the government choose for a maximal transposition (e.g.

New round of negotiations on ACTA: EU position

27 January, 2010
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This article is also available in:
Deutsch: Neue ACTA-Verhandlungsrunde: Die Haltung der EU


A new round of negotiations on ACTA (Anti-Counterfeiting Trade Agreement) is taking place from 26 to 29 January 2010 in Guadalajara, Mexico. As announced by some countries participating in the event the main topics of the new negotiations are: civil enforcement, border measures and enforcement procedures in the digital environment.

Protests in Bulgaria against eavesdropping and data retention law

13 January, 2010
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This article is also available in:
Deutsch: Proteste gegen Abhöraktionen und das Vorratsdatenspeicherungsgesetz i...


A protest will take place in Bulgaria on 14 January 2010 in front of the Parliament against the data retention law that the Bulgarian Interior Ministry keeps on pushing ahead with obstinacy.

On 10 December 2009, the Parliamentary Committee on internal security and public order approved, behind closed doors, the amendments proposed by the Interior Ministry to the Electronic Communications Act (ECA) and on 22 December 2009 the amendments were passed in first reading in an emergency meeting by the Parliament despite the large public and media opposition.

The proposed amendments contain provi

Austria: BIM delivers draft act on implementing Data Retention Directive

2 December, 2009
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This article is also available in:
Deutsch: Österreich: BIM liefert Gesetzesentwurf zur Implementierung der Vorra...


In April 2009 - after the EU Commission decided to bring an action against Austria because of non-transposition of the Data Retention Directive 2006/24/EC (DRD) - the Ludwig Boltzmann Institute of Human Rights (BIM) was assigned by the Austrian Federal Ministry for Transport, Innovation and Technology to elaborate a draft act on the amendment to the Telecommunications Act 2003, in order to find a way of transposition that interferes least with fundamental rights of users.

Romanian Constitutional Court decision against data retention

2 December, 2009
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This article is also available in:
Deutsch: Urteil des rumänischen Verfassungsgerichts gegen Vorratsdatenspeicher...


The decision of the Romanian Constitutional Court (CCR) against the data retention law was finally published in the Official Monitor on 23 November 2009.

The motivation of the court, which was made public only with a few days before its publication in the Official Monitor, shows an interesting argument from a Court with no prior jurisprudence in the field of privacy protection.

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