Saturday, 12 July 2014

Does #DRIP Bill violate the EU Charter of Fundamental Rights?

EU Law Analysis: Does the UK’s new data retention bill violate the EU Charter of Fundamental Rights?:

"But even if all such safeguards are indeed provided for, I have argued previously that the broader interpretation of the Court’s judgment is correct: no mass surveillance is possible. If that is correct, then the provision in the draft Bill to permit a requirement to collect ‘all’ data is inherently suspect, and it would certainly be a breach of EU law to require telecom providers to retain all traffic data within the scope of the e-privacy Directive without some form of further targeting.

In conclusion, much of the UK’s draft Bill would, if adopted, fall within the scope of EU law, and therefore the Charter of Rights. It is possible, depending on the future statutory instrument, that the rules, when applied, will comply with the data retention safeguards demanded by the CJEU.

But the government’s intention, as manifested by the Bill, to reinstitute mass surveillance of telecoms traffic data is a clear breach of the EU Charter of Fundamental Rights." 'via Blog this'

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