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April 08, 2008 | Glyn Wintle

Fighting the data retention directive

The Open Rights Group is proud to be one of the 43 civil liberties NGOs and professional associations based in 11 European countries today submitting a brief to the European Court of Justice (PDF).The amicus brief asks the Court to annul an EU directive ordering the blanket registration of telecommunications and location data of 494 million Europeans.

As the document lays out, data retention violates the right to respect for private life and correspondence, freedom of expression and the right of providers to the protection of their property:

"While it threatens to inflict great damage on society, its potential benefit appears, overall, to be little. Data retention can support the protection of individual rights only in few and generally less important cases. A permanent, negative effect on crime levels is not to be expected... [With data retention in place] citizens constantly need to fear that their communications data may at some point lead to false incrimination or governmental or private abuse of the data. Because of this, traffic data retention endangers open communication in the whole of society."

 

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Comments (6)

  1. William:
    Apr 09, 2009 at 09:27 AM

    Data retention does nothing to address the root causes of jihadist Islam. It's an injustice for everyone. And it treats all of us as suspects.

    We're all in this together. If your concern is about militant Islam it's better to engage with moderate Muslims (and even fundamentalist but non-violent ones) but to be effective you have to do it in a respectful way. Furthermore, please dont do it here: ORG is not the right place. Try MPAC or somewhere.

    Also: I know it's widespread practice to vent partisan prejudices and use intolerant language in comments but it does no-one any good. If you want to be rude to people based on politicial preconceptions go to Guido or Dolly Draper.

    This is a non-partisan forum for people who like technology and want to see it well used. It's an important discussion, worth conducting well.

  2. JT:
    Apr 09, 2008 at 03:39 AM

    I understand your viewpoint BUT you HAVE to realize that time and time again, militant moslems that take advantage of the liberal rights that the EU offers take advantage of it, send young men to Pakistan to be trained in jihad against infidels ( anyone not militant moslem) AND DILIBERATELY watch and use our freedoms against us.
    march bombings in Spain, Bombings in England, 9/11

    Sorry , I a, all for freedom BUT with moslems until their culture and their leaders start to reign in their own home grown terrorists, I have no problem enforcing harsh restriants and holding ALL of them to task until they no longer give the excuses and start to control their own.

    And the inocent oslems that get taken aside and subject to more security, too fucking bad, tel their leaders to take more control of their militants.

    Until the moslem world takes control and ownership of their terrorists, then we hold them ALL as suspect, to damn bad.

    TOO many reports of terrorists escaping from jails, too many time moslem go vts look the other way, THEY OWN this until they take ownership and prove responsability then all mosles are suspect and if they have a problem with that they need to take it up with their govt, NOT ours

  3. The Open Rights Group : Blog Archive » Data retention endangers democracy:
    Apr 06, 2009 at 01:10 PM

    [...] a recent, failed challenge to the legitimacy of the Data Retention Directive, Open Rights Group and over forty other human rights and privacy organisations argued for the incompatibility of this directive with human rights law. The core of this argument, [...]

  4. Civil liberties groups from 11 countries ask EU to annul mass surveillance of Europeans | The Counterplot:
    Apr 08, 2008 at 07:23 PM

    [...] in place] citizens constantly need to fear that their communications data may at some point lead to false incrimination or governmental or private abuse of the data. Because of this, traffic data retention endangers open communication in the whole of [...]

  5. Respect:
    Apr 09, 2008 at 11:02 AM

    JT....
    If you don't respect other people "Rights" then how can you "Ever" expect them to respect "Yours"!

  6. v:
    Apr 09, 2008 at 01:46 PM

    What a bunch of bullshit from a bendovering conservative.

    Those who are afraid, are free to use their assets create private walled city states of whatever (surely if you are soooo afraid money is nothing in front of life right?) and the rest of us who are not afraid won't.
    If you were correct, technically you should be laughing since the rest of us are going to die or something.

    But noooo sir. Misery wants company.



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