German Court Finds Data Retention To Be A Violation Of Privacy

from the retain-this dept

As the US is now pushing for stronger data retention laws to aid law enforcement, it looks like some parts of Europe (who have been on the data retention bandwagon for much longer) are starting to push back in the other direction. A German court has ruled that blanket data protection rules are a privacy violation for individuals (thanks Claes!):
The court is of the opinion that data retention violates the fundamental right to privacy. It is not necessary in a democratic society. The individual does not provoke the interference but can be intimidated by the risks of abuse and the feeling of being under surveillance [...] The directive [on data retention] does not respect the principle of proportionality guaranteed in Article 8 ECHR, which is why it is invalid.' "
Now is there any chance politicians in the US will recognize this... or will it take a massive privacy breach due to unnecessary data retention laws before politicians wake up to the privacy issue?
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Filed Under: data retention, germany, privacy

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  1. identicon
    Alan Gerow, 20 Mar 2009 @ 3:18pm

    If there were a data retention security breach in the US, the politicians would blame the Internet companies, pass a dozen new laws & regulations, and force the Internet companies to pay millions of dollars on hardware, security experts, and other garbage to meet these new regulations. This will not increase security and privacy, but will prevent smaller companies from competing anymore, giving regulation-caused decrease in innovation & entrepreneur spirit by pricing people out of entering the market. At this point, you will see the big Internet players getting BEHIND the regulations, so they don't have to fear a start-up disrupting their space, since they can afford to meet the regulations. It's been done in industry after industry.

    Most politicians don't care about privacy, because THEY want to know everything they can about you. You might be a terrorist for all they know!

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