EU Court Declares Data Retention ‘Invalid’

The highest European Union court has rejected a Directive that told telecoms providers to retain data – effectively calling for a halt to surveillance measures that have been proposed in the UK.

The announcement from the European Court of Justice could stop plans to revive the UK’s proposed Commujnications Data Bill, also known as Snooper’s Charter, which would force broadband companies to store customer data.

According to the court, the Data Retention Directive “entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without that interference being limited to what is strictly necessary”.

Data retention death

Introduced in 2006, the directive asked Internet service providers retain traffic and location data, alongside any information necessary to help police identify a user.

The European Court of Justice was asked to look at the directive after a case was brought by Digital Rights Ireland and a number of appeals were made to the Verfassungsgerichtshof, the Constitutional Court of Austria.

Outside of concerns about privacy, the court said the fact that users were unlikely to be informed about retention of data “is likely to generate in the persons concerned a feeling that their private lives are the subject of constant surveillance”.

“The Court is of the opinion that, by adopting the Data Retention Directive, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality,” the Brussels body said.

Open Rights Group executive director Jim Killock said the ruling should lead to the end of Snooper’s Charter, known officially as the Communications Data Bill. The government was still thought to be considering introducing the bill to Parliament, despite mass opposition from various parties, including deputy prime minister Nick Clegg.

“Today’s ruling recognises that blanket data collection interferes with our privacy rights,” Killock added.

“We must now see the repeal of national legislation that obliges telecoms companies to collect data about our personal phone calls, text messages, emails and internet usage. This collection is indiscriminate and reverses the presumption of innocent until proven guilty.”

Yesterday saw the Interception of Communications Commissioner express concern over “significant institutional overuse” of surveillance powers. The Commissioner said the total number of approved authorisations and notices for communications data in 2013 was 514,608, which appeared to be “a very large number”.

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