EU law requiring storage of e-communications traffic data...

EU law requiring storage of e-communications traffic data seriously interferes with citizens’ fundamental right to privacy and should be suspended until it’s fixed, said European Court of Justice (ECJ) Advocate General (AG) Pedro Cruz Villalón Thursday in an opinion (http://bit.ly/18nKR2G). The ECJ isn’t bound by its advisors’ opinions but generally follows them. The case involves challenges in Ireland and Austria to those countries’ versions of the EU data retention directive, which their respective high courts referred to the ECJ. Taken as whole, the measure is incompatible with the requirement in the EU Charter of Fundamental Rights that any limitation on the exercise of such a right must be provided for by law, the AG said. Use of retained data could make it possible to create a faithful map of much of a person’s conduct or even a complete picture of his private identity, and it could also increase the risk that the data may be used for unlawful purposes, he said. The directive doesn’t require that the data be retained in the territory of an EU country, so it could be held anywhere in cyberspace, he said. Given its serious impact on privacy rights, the legislation should have defined the fundamental principles on which access to the data collected and held would be based, instead of leaving that task to each individual country, he said. Another problem is that the law requires EU members to ensure that data is kept for up to two years when evidence showed here’s insufficient justification for such a long period, the AG said. Instead of advising the ECJ to strike down the law, however, he recommended that it be suspended until the EU remedies the problems. Digital Rights Ireland (DRI), which brought one of the challenges, said it’s happy with the opinion but would have preferred that the AG find the directive unlawful in principle, which he didn’t do, Chairman TJ McIntyre told us. If the ECJ upholds the opinion, it will strike down the directive, he said. The AG wants governments to have a grace period in which to change their laws, but DRI hopes that, given the political climate surrounding former U.S. NSA contractor Edward Snowden’s revelations, there’s enough political opposition to data retention for the law to die, he said. When DRI launched its challenge seven years ago data storage wasn’t a big issue, but the political scene is different now, he said.