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Proportionality overrides unlimited surveillance. The German Constitutional Court Judgment on data retention. CEPS Liberty and Security in Europe, May 18, 2010

de Vries, Katja and Bellanova, Rocco and De Hert, Paul. (2010) Proportionality overrides unlimited surveillance. The German Constitutional Court Judgment on data retention. CEPS Liberty and Security in Europe, May 18, 2010. [Policy Paper]

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    Abstract

    The Data Retention Directive, demanding the retention of telecommunications data for a period of six months up to two years, was adopted on 15 March 2006. Since then, this seemingly straightforward directive has generated quite an impressive number of court judgments. They range from the European Court of Justice (ECJ) to the administrative (e.g. Germany and Bulgaria) and constitutional courts (e.g. Romania) of some member states. It is the judgment of the German Constitutional Court, delivered on 2 March 2010, which has particularly caught the attention of commentators: civil society, lawyers, journalists and politicians. In the judgment, the court says ‘No’ to the German implementation laws of the Data Retention Directive. This paper highlights some of the key features of the ruling and its main similarities and divergences with similar judgments. Given the relevance of the issues at stake, the judgment is then contextualized in the wider framework of EU data processing and protection debates, offering elements of reflection for further discussion.

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    Item Type: Policy Paper
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > general
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Centre for European Policy Studies (Brussels) > CEPS Liberty and Security in Europe
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 05 Nov 2010
    Page Range: p. 16
    Last Modified: 15 Feb 2011 18:38
    URI: http://aei.pitt.edu/id/eprint/15114

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