La justicia europea juzga ilegal la norma de conservación de datos
El alto tribunal de la UE mantiene que la directiva que obliga a las compañías telefónicas a guardar información de ciudadanos durante dos años atenta contra los derechos fundamentales
Lucía Abellán Bruselas 8 ABR 2014 - 14:39 CET
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European justice judged illegal standard data retention
The EU high court holds that the directive obliges telephone companies to save information from citizens for two years carefully the fundamental rights
Lucia Abellan Brussels 8 ABR 2014 - 14:39 CET
Retain the details of all electronic communications of European citizens for up to two years watchful against fundamental rights. The European Court of Justice has been lying to the EU directive from 2006 obliges telephone and other electronic companies to store personal data of citizens for security communications. The European Commission therefore been canceled because the text is " an interference large and special gravity on fundamental rights " not limited " to what is necessary ."
The Luxembourg-based court employs a tough legal argument to remove a rule considered abusive since creation. In the heat of the terrorist attacks of March 11, 2004 in Madrid , and later in July 2005 in London , Brussels legislated for these companies to retain data communications and made available to the national authorities to Crawl possible terrorist threats.
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Despite the soundness of judgment , the consequences are very ambiguous and somewhat contradictory to the spirit of the delivery of Luxembourg. Community sources clarified that the judgment invalidating the European directive, but no national laws that were made to implement it. Ie , Member States may continue its legal framework data storage until the European Commission decides to do another set of directors to Community law or until the courts of each country declaring illegal the internal rules in light of the court's ruling.
The first assumption is unlikely to just over one month's European elections and a Commission without capacity and to propose new initiatives. The second requires that citizens or business address to the justice of their country to banish national frameworks . This is the easiest option because many telecommunications companies will be interested in repealing the law to get rid of the costs for so long to preserve the details of the calls. Also consumer associations .
European ruling raises objections to all elements of that standard. The document notes that the stored data (transmitter and receiver of the call, location, duration , date and time , equipment used ... ) provide very precise information on the life of citizens. " The policy is particularly serious way encroaches on fundamental rights to respect for private life and protection of personal data ."
Brussels approved the standard heat of March 11 and the London bombings
The court also rejected this obligation covers all communications, " without any distinction , limitation or exception based on the objective of combating serious crime is established." And he criticizes the lack of definition of the causes that can lead to national authorities to access the data , which also are not subject to prior checking by an independent body .
Neither is right under the deadline set by the directive to withhold details of those communications . A range between six and 24 months fixed without a distinction by type of crime or other "objective criteria" to ensure that conservation is limited to what is necessary .
Beyond the ambiguity in the regulation , the court complained that the directive does not prevent the risks of abuse and access to that data against misuse by third parties . Even the destruction of the data is guaranteed when ends the legal retention period. Finally , the sentence is not mandatory censorship preserve details of those communications in the territory of the European Union. That is , it is easier to escape to Community law if performed on storage servers, for example , U.S. .
The court also complains that the rule does not prevent the risk of abuse
The sentence reflects the zeal that exists in the European Union to the privacy of communications , a newly stance reflected the controversy over the revelation of the roles of Edward Snowden . Inspired by the anti-terrorist laws that emerged in the U.S. after the attacks of 11 - S , Europe decided to tighten its rules on the control of communications when he suffered the blow of the attacks of Islamic radicals . Many voices have cried out against rules since they violated the right to privacy , but so far Brussels has not agreed to change them.
The decision of the European court comes in the wake of a query posed to the higher court of justice for Irish and Austrian whether the measures in their countries respected the right of privacy . Both agencies decided to ask Luxembourg , whose judgment now invalidated a framework that has been in place for eight years.
Digital Rights , the association denounced the Irish standard to justice in this country , welcomed the ruling. " After eight years , this affront to the fundamental rights of European citizens has been finally declared illegal . Eight years of abuse of personal data and eight-year reaffirmation of the Member States and the Commission saying the move was legal , "said Joe McNamee , director of the consumer advocacy organization in the digital world .
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