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Germany's Constitutional Court held that EU data retention laws are unconstitutional in Germany


From: Dave Farber <dave () farber net>
Date: Wed, 3 Mar 2010 11:43:11 -0500





Begin forwarded message:

From: Alex French <alex () evilal com>
Date: March 3, 2010 10:57:21 AM EST
To: dave () farber net
Cc: ip <ip () v2 listbox com>
Subject: Re: [IP] Germany's Constitutional Court held that EU data retention laws are unconstitutional in Germany


Dave,

The headline and excerpt are misleading, The court specifically upheld the EU directive, but ruled that the way that it was transposed into German law was flawed and not sufficiently specific.

Every EU country is transposing this Directive into national law (most have already done so) but this process is filled with uncertainty as local lawmakers often try and stuff extra things into the transposed law; they can sometimes get away with this but unless they stay fairly close to the original Directive, they risk a constitutional issue such as this.

--
Alex


On 3 March 2010 15:05, David Farber <dave () farber net> wrote:


Begin forwarded message:

From: Sandra Keegan <sandra.keegan () gmail com>
Date: March 3, 2010 9:56:32 AM EST
To: dave () farber net
Subject: Germany's Constitutional Court held that EU data retention laws are unconstitutional in Germany

"The highest court in Germany yesterday ruled that a central plank of anti-terrorist security legislation in the European Union, requiring the storage of at least six months' worth of telephone and internet data, was contrary to the country's fundamental law."


http://www.ft.com/cms/s/0/c6191de8-2663-11df-aff3-00144feabdc0.html?nclick_check=1

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