Will the European Court of Justice change data privacy laws to tackle terrorism?

European Court of Justice 2016.jpg

European Court of Justice – February 2016

The next European Court of Justice (ECJ) meeting will take place on April 12 regarding the breaching of human rights by the massive interception of communication data. This hearing is very crucial as it is probable that the EU judges will decide to cut down on the power of UK surveillance laws since ECJ’s rulings are binding on UK courts as well. There are also three cases that are related to the legality of data collection and are still pending ECJ ‘s decision, which could undermine the new data pact agreement, known as Privacy Shield, putting lots of billions of euros at stake. Privacy Shield: Is it better than its predecessor? The EU-US Privacy Shield is made to impose stronger obligations to US companies and protect European citizen’s personal data. This pact was drafted on February 2 and is meant to replace Safe Harbour which has been acknowledged as invalid by the ECJ due to concerns about US mass surveillance. However, it seems that it is too early to judge whether Privacy Shield is going to protect European rights more robustly. The cases ECJ has to hear One of the three cases the ECJ will hear is between EU and Canada on sharing airline passenger’s data for law purposes, while the other two focus on data lockup by telecommunication companies. The main problem is meant to be the interception of communication data according to Isabelle Falque-Pierrotin. The chairwoman of the group of 28 EU data protection authorities mentioned during a hearing at the European Parliament: “Bulk collection is obviously a key issue and the judge has not yet settled this”. It remains to be seen though whether the EU will become more repressive on the data protection framework forcing US firms to comply with the laws or getting them sanctioned or even excluded. Can EU judges halt British police? The main point lies on whether the European Court of Justice will decide at the upcoming hearing on reducing the power of the police and security services to receive information from citizen’s phone calls, text messages and e-mails. The latter is coming at a strange point in time where terrorist attacks are the greatest concern in Europe. Thus, if the EU judges implement the aforementioned policy, the British government will not be able to enable police with more power data to locate and capture criminals. All started when David Davis, a Conservative Member of the European Parliament, and Tom Watson, Labour’s Deputy Leader, won in the High Court against the UK Government on the basis that the Data Retention and Investigatory Powers Act (Dripa) 2014 allows the police to spy on citizens without adequate privacy. The ECJ will now have to make a decision on this act which has been characterized by the High Court as “inconsistent with European Union law”. More specifically, David Davis had stated: “The simple fact is that the Government is too casual about authorisation mechanisms for data that is very private to ordinary British citizens. They gather up lots of innocent people’s data and allowed too many agencies to get to it too easily. If we win this case it will require them [the Government] to have much more independent scrutiny over that access. It will not stop that access but it will limit unnecessary intrusion in people’s lives.” Should data privacy laws change to tackle terrorism? The European Union must become once again an area of security; a word that has lost its meaning in the EU during the last months due to the atrocious terrorist attacks taking place at the Old Continent. It is clear that data privacy laws should be altered in a way that people’s lives remain private but data sharing information is enhanced between intelligent agencies in order to combat terrorism effectively. Further, Camilla Graham Wood, legal officer at Privacy International, said on this issue: “It would be more effective to use targeted surveillance to tackle terrorism and organized crime. As we have seen from recent atrocities suspected terrorists are known to the police. It is not effective for the authorities to drown themselves in data and to state that this is needed to tackle terrorism and organized crime without providing supporting evidence. It undermines effective scrutiny of the need for these powers.” All in all, in times of this unprecedented terrorist crisis EU officials are called to act without any delay and protect the ideals and private lives of citizens. At the same time high time that the bloc starts using the mechanisms to improve unification and collaboration against terrorism and the rest of the cumbersome threats. There is no doubt tough that it is too hard to accomplish both at the same time.

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNDP/Oleksandr Ratushniak A substation in Ukraine damaged during ongoing strikes in the war with Russia.

Ukraine: Drone attacks on Chornobyl are ‘gambling with the safety of millions of people’

This article is published in association with United Nations. A drone strike on the protective structure at the Chornobyl Nuclear Power Plant could have endangered the safety of millions of people, UN Development Programme (UNDP) Administrator Alexander De Croo told reporters via video link from Kyiv on Thursday. He is visiting Ukraine, with his mission focused […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNOCHA/Viktoriia Andriievska The aftermath of a drone strike in Kyiv, Ukraine (file). UN High Commissioner for Human Rights Volker Türk (file) said on Monday that he was "horrified" by the thought of fully autonomous weapons being used in battle.

AI: Türk urges action before it becomes an ‘existential risk to humanity’

This article is published in association with United Nations. UN human rights chief Volker Türk added his voice on Monday to growing calls for greater AI controls, warning that the revolutionary technology could become an “existential risk to humanity” if left unchecked. Without binding rules, independent oversight and clear limits, the technology could become impossible to […]
This article is published in association with United Nations.

As wildfires spread north, UN agencies race to help Europe adapt

This article is published in association with United Nations. As the climate warms, the threat of wildfires is spreading in Europe. How can historically cooler and wetter countries prepare? Human activity causes most of the wildfires breaking out across Europe, but their spread, speed and intensity are strongly affected by the warmer, drier conditions associated with […]
© UNICEF-SoP/Crickx People walk down a dusty road in the West Bank carrying belongings.

West Bank: UN rights report warns of forcible displacement from three refugee camps

This article is published in association with United Nations. Israeli security forces forcibly displaced the entire population of three Palestine refugee camps in the occupied West Bank in January and February last year – and continue to prevent their return, in violation of international law, according to a new report by the UN human rights office, OHCHR. […]
©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon.

Lebanon–Israel tensions escalate as Gaza sees major aid delivery

This article is published in association with United Nations. Peacekeepers in Lebanon have reported a marked deterioration in the security situation along the Blue Line of separation, with Israeli forces intensifying their military footprint in violation of a landmark Security Council resolution, UN Spokesperson Stéphane Dujarric said on Thursday. Meanwhile, in Gaza, humanitarian teams collected hundreds […]
This article is brought to you in association with the European Commission.

World News in Brief: US-Iran war intensifies, aid for Myanmar, casualties in Ukraine

This article is published in association with United Nations. Fighting between the United States and Iran has sharply escalated after a month-long lull, with the two sides exchanging strikes as fears grow over further civilian casualties. The US military struck rocket launchers on an island in the Strait of Hormuz over the weekend, days after US […]
© WFP/Hugh Rutherford A family eat lunch in the Bedouin community of Umm Al Khair, West Bank.

Food aid cutback in the occupied West Bank as health fears grow in Gaza

This article is published in association with United Nations. Lack of funding has forced the World Food Programme (WFP) to slash aid to families in the West Bank by half even though needs have more than doubled over the past two years. “We’re running out of funding, and that means that from today, some 200,000 people […]
© UNICEF/Laxmi Prasad Ngakhusi Mud covers Nuwakot district in central-northern Nepal following devastating flash floods.

Nepal flooding deaths surpass 900 as needs climb

This article is published in association with United Nations. The confirmed death toll from Nepal’s catastrophic floods has surged to 903, with more than 4,200 still missing as rescue crews and humanitarian workers battle blocked highways to reach the hardest-hit areas, UN Spokesperson Stéphane Dujarric said on Monday. Key points Triggered by a glacier collapse and […]
© WFP/Mohamad Al Hinnawi Brothers sitting outside their family’s tent in Gaza.

Four children killed as separate attacks in Gaza destroy aid supplies

This article is published in association with United Nations. Israeli attacks killed four children and destroyed humanitarian aid supplies in what turned out to be a deadly week in war-ravaged Gaza, the UN emergency relief agency, OCHA, said on Friday. Key points According to UNICEF, the four children – aged two to 16 – were reportedly […]
© UNICEF Buildings are submerged in mud following flash floods in Rasuwa district in central-northern Nepal.

Deadly floods cause widespread destruction in China, Nepal

This article is published in association with United Nations. Severe flooding in China and Nepal caused widespread destruction and mounting death tolls, UN agencies reported on Wednesday as aid efforts deployed to help provide emergency assistance. UN agencies and humanitarian partners are already providing support to local authorities, said UN Spokesperson Stéphane Dujarric. “The Secretary-General is […]
This article is published in association with European Investment Bank.

As wars spread, the global food system unravels

This article is published in association with United Nations. A family with four children abandoned its farm in Somalia after armed groups arrived and demanded payments for the right to continue cultivating the land. They walked roughly 100 kilometers to a displacement camp. One of the children died along the way. Carl Skau, the acting head […]
This article is published in association with United Nations.

Gaza: Children still at risk despite drop in acute hunger

This article is published in association with United Nations. Among tent cities pitched on the rubble of destroyed homes in Gaza, children are, by one measure, finally getting enough to eat. By another, however, many of them may never fully recover, according to a new study by the UN Children’s Fund (UNICEF) released on Monday. Key points Hunger […]
UN Photo/Elma Okic Secretary-General of the International Telecommunication Union (ITU) Doreen Bogdan-Martin speaks at the AI for Good Global Summit in Geneva. (file)

AI for Good: How the UN uses AI to advance human rights

This article is published in association with United Nations. For Ari, a six-year-old boy with learning difficulties in Jamaica, artificial intelligence (AI) opened the door to something many children take for granted: reading a book in his own language. Thousands of miles away, gold miners in Ethiopia are being screened more quickly for tuberculosis, while communities around […]
This article was exclusively written for The European Sting by Ms. Imane El Maimouni, a 22-year-old fifth-year Moroccan medical student at the Faculty of Medicine and Pharmacy of Casablanca. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on the topic, nor The European Sting’s one.

Who heals the healers?

This article was exclusively written for The European Sting by Ms. Levina Kulembeka, a Medical Doctor from Tanzania passionate about global health. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on […]
© WFP/Mohamad Al Hinnawi Brothers sitting outside their family’s tent in Gaza.

Middle East: 94 per cent need shelter in Gaza, Israel ramps up demolitions in Lebanon

This article is published in association with United Nations. Ninety-four cent of Gaza’s 2.1 million residents need shelter as Israeli gunfire and strikes continue inside the enclave, UN agencies and peacekeepers warned on Thursday. Key points More than four out of five families currently face critical or catastrophic living conditions, which lack fuel, energy and essential […]
© IOM/Lisa George Flooding in Sudan has displaced 20,000 people since June (file).

Sudan war: 200,000 newly displaced as fighting and floods intensify

This article is published in association with United Nations. Intensifying fighting in Sudan has displaced at least another 200,000 people since late 2025, while destructive seasonal floods are compounding the massive humanitarian emergency there, the UN International Organization for Migration (IOM) said on Wednesday. In an alert, the agency also warned that relief access has been […]
© UNRWA/Kazem Abu-Khalaf A girl looks out the window of her home in the Jenin refugee camp in the West Bank, where she and other family members were trapped during an Israeli military operation.

Raising alarm over new illegal Israeli outposts, UN condemns attacks, incitement against Palestinians

This article is published in association with United Nations. Reports of new illegal Israeli outposts in the occupied West Bank raised alarms at UN Headquarters on Wednesday while the UN rights office called on Israel to condemn its national security minister’s words that incite “violence amounting to atrocity crimes” against Palestinians. Key points “The Secretary-General is […]

Comments

  1. This piece of writing is really a nice one it helps new
    internet people, who are wishing for blogging.

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com