Published 13 Dec. 2013 at Freedom to Tinker.
The Wall Street Journal headlines: “EU Court Opinion: Data Retention Directive Incompatible With Fundamental Rights”. The Opinion is strong, but in fact not yet an outright victory to privacy and civil liberties. The jury is out: the Opinion is a non-binding, but influential advice to the E.U. Court, that will deliver its final judgment come next spring. Now is a perfect moment to analyze the Opinion, as well as the institutional politics of the E.U. Court — critical in understanding the two-tier approach to surveillance and fundamental rights in Europe. The two-tier approach converges, after 60 years, when the E.U. accedes to the European Convention of Human Rights anytime soon. Amidst the Snowden revelations, these are the fundamental legal developments that will ultimately answer the question whether European law can end mass surveillance. Continue reading The Politics of the EU Court Data Retention Opinion: End to Mass Surveillance?
Published 30 Oct. 2013 at Freedom to Tinker.
The other day, I was re-reading the 2008 Liberty vs. The United Kingdom ruling of the European Court of Human Rights (‘ECHR’). The case reads like any BREAKING / REVEALED news report on Edward Snowden’s disclosures, and will play a crucial role in the currently pending court cases in Europe on the legality of the surveillance programs. Liberty is also great material for comparing surveillance jurisprudence across the Atlantic. Continue reading The 2008 Liberty Case: An Authoritive Ruling on Snowden’s Disclosures
Back in 2010, I wrote a long piece in Dutch for De Groene Amsterdammer about the deplorable state of the controversial EU Data Retention Directive evaluation. My point was that, instead of the prime example of our loss of fundamental rights, data retention might one day become the case in point of digital freedom vindicating over surveillance, once the Directive in one way or another is repealed or its inherent privacy violations seriously limited. Continue reading Data Retention: Figurehead of Our Liberation?