The European Digital Rights organization is joining calls to annul the European directive on data retention. The group, along with 42 civil liberties non-governmental organizations say the data retention policy directive is illegal on material grounds.The European Digital Rights (EDRi) organization signed an amicus curiae brief which was started by the German non-governmental organization (NGO) Working Group. The case will be heard by the European Court of Justice. The case, Ireland vs. Council of the European Union, European Parliament (Case C-301/06), was filed two years ago. The brief (PDF) states, "As "friends of the Court", we would like to express our support of the action [of annulling the data retention directive]. However, while it is true that there is no legal basis for the directive, it is first and foremost illegal on human rights grounds. We urge the court to base its decision on the compatibility with human rights is essential to prevent member states from replacing the directive with a framework decision that equally violates human rights (as has happened in regard to the transfer of PNR [Passenger Name Record] data to the USA)." It also adds, "Human rights are decisive in determining the legality of blanket traffic data retention. The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) is binding not only for individual states, but also for the European Union (Art. 6-2 TEU). Because of Art. 6-2 TEU, directives must be compatible with the ECHR and are subject to review, in this respect, by the European Court of Justice (Art. 230 TEC)" EDRi also points to the list of Signatories to the amicus brief. It appears that Germany has been active on the data retention file. According to Digital Rights Ireland, the German Constitutional Court restricted data retention saying that it threatens the "trust in the privacy of telecommunication as a whole" "The data that is collected about the entire population allows our movements to be traced," Vorratsdatenspeicherung, the NGO behind the initiation to annul data retention said, "any calls or communications with personal and business contacts to be monitored and removes privacy in our personal relationships. Information regarding the content of communications can be deduced relating to personal interests and the individual life circumstances of the persons communicating. Access to the data is granted to the police, public prosecutors, secret services and foreign states which hope for better prosecution of crimes." The NGO adds, "The current scheme regarding the collection of information about citizens' communication, movements and use of media constitute the greatest threat yet to our right to an independent and private life." Wikipedia says: On 15 March 2006 the European Union formally adopted Directive 2006/24/EC, on "the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC" |
 
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