This morning, the European Court of Justice-the EU's top court- will give its judgement on whether the EU's data retention directive is compatible with the Charter on Fundamental Rights. We'll update this page as the day unfolds. In the meantime, here is our client's description of how we got here and what today's judgement will mean.
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Digital Rights Ireland are represented by McGarr Solicitors (where I hang my scarf of a workday). They're currently in litigation with the Government about the introduction of Data Retention across Europe. Recently, the Irish Times reported that a government order to keep details of internet use by everyone in Ireland was imminent.
Some time ago, Karlin Lillington of the Irish Times linked to details of a secret Council of Ministers questionnaire. This was drawn up in advance of any data retention legislation being in place, in November 2002. It is interesting in its entirety, but I'd particularly draw people's attention to question 5 and the Irish Government's answer.
I'm sure that the DRI people will be all over this, but I just thought that people might be interested to know that an objection to the Data Retention Directive was lodged today by the Irish Government with the European Court of Justice. Today was the last possible day to lodge such an objection. The contents of that objection aren't clear yet.
The Commissioner's predecessor did sterling work in forcing the government to reveal that data retention was happening. Following the passing of the Data Retention Directive in the EU late last year he has this to add. Transposition of the Directive into Irish law will offer an opportunity to review the provisions of the 2005 Act.
It was always a sure thing, but the Data Retention Directive finished its passage into law by being given the nod yesterday by the Council of Ministers. Here's an extract from the EU Observer, slating your thirst for EU infobumfIreland and Slovakia voted against the law, saying they regard national security as a matter for member states not the EU.
There was some discussion of my previous post on Proinsias De Rossa's vote, making him the only Irish MEP to vote in favour of the Data Retention Directive passed in December of last year. (More comments here and here)I posted his statement following the vote. Now I thought I'd post his response to my email, which landed with me today.
As before, my thanks to The Dossing Times for permission to reprint the below. Thank you for your email regarding the voting on the ALVARO Report on Data Retention. As you may be aware the two largest political groups in the Parliament, the EPP and PSE, agreed a deal on a compromise package of amendments which forced the Rapporteur, Mr Alvaro to withdraw his name from the report.