Publication details
Data Retention: Four Times Unconstitutional
| Authors | |
|---|---|
| Year of publication | 2012 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | After Germany, Romania and Bulgaria the Czech Constitutional Court decided that the transposition of the Directive 2006/24/EC did not comply with the Czech constitution. The Constitutional Court found that the data retention legislation infringes the information self-determination of an individual. The legislation did not furthermore fulfil the requirement of proportionality between protection of fundamental right to privacy and investigation of crimes. The court also criticized vagueness of delimitation of purpose to which the retained data should serve. The first aim of this paper is to compare the German, Romanian, Bulgarian and Czech court decisions on the data retention, to highlight their similarities and to sketch out the approach of member states to the Data Retention Directive. With regards to the court decisions and the ongoing debate in the member states the second aim of the paper is to outline features of a redraft of European data retention legislation in order the meet the proportionality requirement while preserving the utmost right to privacy. |