Tag Archives: Fundamental Rights

German Federal Constitutional Court Declares Implementation of Data Retention Directive Unconstitutional

On March 2, 2010, the German Federal Constitutional Court ruled that the mass storage of telephone and Internet data for law enforcement purposes is unlawful in its current form.

Since 2008, the challenged law has required telecom companies to retain data from telephone, email and Internet traffic, as well as mobile phone location data, for six months.  This information may be retrieved for law enforcement and safety purposes.  Constitutional claims were brought before the Court by nearly 35,000 citizens, representing the largest mass claim proceeding in German history. 

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New EU Fundamental Rights Commissioner Reveals Privacy and Data Protection Priorities in the European Union

On January 12, 2010, Ms. Viviane Reding, Commissioner-designate for Justice, Fundamental Rights and Citizenship, was questioned during a public hearing before the European Parliament.  During this hearing, Ms. Reding revealed her priorities in the field of privacy and data protection.  “Fundamental rights and data protection will be top of the line” said Ms. Reding, who explained that she intends to incorporate the EU’s data protection rules into a modern and comprehensive legal instrument.

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Viviane Reding Appointed New EU Commissioner for Fundamental Rights

Commissioner Viviane Reding has been chosen as Commissioner for Justice, Fundamental Rights, and Citizenship in the new European Commission that is set to take office in early 2010 (assuming approval by the European Parliament).  Ms. Reding’s responsibilities will thus include data protection, including the Commission’s ongoing review of the EU framework for data protection.  She is currently EU Commissioner for Information Society & Media, where she oversaw review of the e-Privacy Directive and the EU legislative framework for telecommunications.  Commission President Barroso appointed a separate commissioner for fundamental rights as part of a commitment he made to the European Parliament to give greater profile to such issues.  Commissioner Reding will share a Directorate-General with Commissioner Cecilia Malmström, who is in charge of Home Affairs (i.e., law enforcement).  It remains to be seen how appointing a separate commissioner in charge of fundamental rights (rather than having a single commissioner in charge of both law enforcement and fundamental rights, as is the case in the current DG Justice, Liberty and Security) will affect the data protection portfolio.

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