Yesterday, the European Court of Justice - the highest court in the largest economy in the world - said data retention as an inexcusable violation of basic human rights. The court invalidated the entire Directive ( "EU federal law") with retroactive effect, which never existed. This is a big claim of the movement freedoms, confirming what we have said all the long, but there is still much to do.
the Directive on EU data retention was adopted on December 14, 05. he said that every piece of conversation between people in the European Union is to be connected -.. who, how, when and where the express purpose was to use the data against citizens and monitored (the first Pirate Party was launched on December 16, 05. Yes, there is a direct connection.)
many politicians have tried to use the most absurd rationale of this mechanism. "Our country will be sanctioned by the EU if we do not follow the directive." ( Yes, but it costs more than ten times longer to perform surveillance. Take the fines would be cheaper, not to mention you get to keep basic privacy) "We have to." (No, we do not there is a process to challenge a directive - .. a federal law EU -. For human rights reasons, and you choose not to follow) and so after. "We need to implement the law." (Oh, so the convenience of the police is now more important than human rights? It sounds like the definition of a police state, mate.)
Some more pragmatic politicians tried to limit the extent of damage caused by adding various "guarantees" look-good on the original violation. Liberty activists have tried to repeat again and again and again how it does nothing about okay. It does not matter if only the courts can access the surveillance data. It does not matter if only the police have access (and nota bene, the industry copyright asked independent access to. Yes surveillance data, you read that right). It does not matter if the data is available to the police only for certain serious crimes.
the problem is the violation of the coverage of privacy, the very first step. Everything that happens after this point is irrelevant; it is the initial coverage of violation of the privacy of everyone, where communications are saved everyone, no matter what is unacceptable, intolerable and inexcusable.
This also means that the data retention concept can not be repaired, it can not be changed, it can not be set in supportability. It is the basic idea of the general collection of people communication which is completely intolerable
Fortunately, the European Court of Justice has made this point in its verdict yesterday .: the fundamental principle is intolerable. This means that the concept as such is dead. There are still national laws in the EU that require ISPs and telecommunications operators to retain data by the Directive now never existed; expect them to be challenged on grounds relating to human rights (and the governments of countries for continued violations of human rights) at a rapid pace. Verdict:
First, the directive covers, in general, all people, all means of electronic communication and all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
court killed Directive on several grounds, but this was the first of the list, and one we have been going against since the first Pirate Party was launched on 1 January 06 . This exact criticism was in our election platform that very year, under "Immediately":
data retention should not be implemented [in Sweden] because it violates [paragraphs referring to fundamental right to privacy] in the European Convention on human rights.
politicians That has not stopped all the camps and colors, even those who voted expressly to the damn thing, go out and claim victory pretend it was what they wanted all along. This is your run-of-the-mill hypocriticality politics as usual.
It took almost ten years, but we were given an ambiguity "you were right all along" at the end by the highest court in the largest economy of the world. Can we please start with all other aspects of fundamental privacy we also talked about?
This is also something to learn for Brazil, including in-process Marco Civil mandates covering data retention. Now that Europe has declared that the practice entirely, absolutely and completely incompatible with one of the most fundamental of human rights, Marco Civil must not pass in its form current, regardless of whether it contains good things next to the intolerable violation.
0 Komentar