(sorry for the various typos, the mail was sent before revising it, however the substance is correct) ----------------------------------------- Innocenzo Genna Genna Cabinet Sprl 1050 Bruxelles - Belgium
Skype: innonews Twitter: @InnoGenna Email: [email protected] my blog:http://radiobruxelleslibera.wordpress.com/ my music: www.innocenzogenna.com Il giorno 15/apr/2014, alle ore 12:51, Innocenzo Genna <[email protected]> ha scritto: > yes, I agree on the wave of uncertainty starting from eh ECJ decision, but we > cannot do against: the annulment decision of the ECJ does not affect directly > the transposing national legislations. The national legislation become > ineffective (not void!) as far as they contravene the principles laid down by > the ECJ, and this is an evaluation to be made on a case by case basis. Do not > forget: the ECJ DID NOT declare that data retention is per se incompatible > with EU law. By contrast, ECJ annulled the directive because the way data > retention was imposed was not justified. It follows from that thatathat a > national legislation may survive as long as it fit the ECJ principles. > > I assume that most of the national data retention legislation do not fit the > principles laid down by the ECJ ruling. Unless the local government or > parliament take a prompt initiative (repealing or modifying that > legislation), this matter remains uncertain: whether such legislation are not > effective any longer, this is a matter to be declared by a national courts. A > plenty of scenarios can emerge: > > - consumers using ISPs because they retian their data in violation of privacy > law; > - people challenging public authorities taking actions against them on the > basis of data retained on the basis of the annulled directive > - ISP sued by publci authoriuties because they do not retina data any longer > > and so on…. > > By the way, the last news from the wise Nordic countries > > Telenor, Tele2 in Sweden to delete retained customer data > Tuesday 15 April 2014 | 12:16 CET | News > Telenor's Swedish unit Bredbandsbolaget and Tele2 Sweden announced separately > that they have stopped storing customer data, after the European Court of > Justice recently declared the EU Data Protection Directive invalid. Both > operators said they would start erasing customer information that they have > already saved. Tele2 said it has come to the conclusion that continuing to > keep the data would be illegal. It said that it looks forward to discussions > with the justice department and other authorities on how it can continue to > support law enforcement agencies without compromising its customers' privacy. > > > > > > > > > ----------------------------------------- > Innocenzo Genna > Genna Cabinet Sprl > 1050 Bruxelles - Belgium > > Skype: innonews > Twitter: @InnoGenna > Email: [email protected] > > my blog:http://radiobruxelleslibera.wordpress.com/ > my music: www.innocenzogenna.com > > > > Il giorno 14/apr/2014, alle ore 15:10, Nick Hilliard <[email protected]> ha > scritto: > >> On 08/04/2014 12:47, Innocenzo Genna wrote: >>> My 2 cents on the messy consequences upon nation al legislation. >>> >>> There is no automatic annulment of the national legislation on data >>> retention, it is up to the member states to abrogate or modify their rules: >> >> Yes, but it creates an immediate long term problem for all of the national >> legislation and leaves it all open to be contested in the courts. In the >> case of Ireland, it would be extraordinary for the High Court to dismiss >> the opinions of the ECJ, particularly as they believed there was sufficient >> grounds to refer the original Digital Rights Ireland complaint to the ECJ >> in the first place. It will be interesting to see the final ruling. >> >> Nick >> >> >
