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.

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Featured Stings

The German banks first to profit from public subsidies of trillions

JADE Romania Celebrates the 4th Anniversary

Is the West gradually losing Africa?

Can the national and age groups pockets of unemployment cause irreparable damages to Eurozone?

Europe led by Germany seems vulnerable to Trump’s threats

Joris in Indonesia

Did Draghi ask the Germans to accept a drastic change of austerity policies?

Brazil’s hopeless future of science

Eurozone’s central bank leadership prepares for shoddier prospects

The West and Russia impose a new order on the world

How much more political is the new EU leadership? Does this include personal bend?

US prosecutors now target Volkswagen’s top management, upsetting Germany

Global Citizen-Volunteer Internships

October’s EU strong digital mix: From Safe Harbour to Net Neutrality, Roaming and Snowden

EU Council agrees to reform the system for motor vehicles but with “restricted” power for the Commission

The British “nonsense”, the relaxed Commissioner and the TTIP “chiaroscuro” at this week’s Council

ECB’s first flight in Eurozone’s banking universe will be just a reconnaissance

EU to spend €6 billion on youth employment and training futile schemes

Horse meat runs faster than authorities…

Higher education becoming again a privilege of the wealthy?

Access to health in the developping world

Migration crisis will keep deteriorating as common EU political will is simply not there

Why banks escape from competition rules but not pharmaceutical firms

Bugged Europe accepts US demands and blocks Morales plane

Preparing for developing countries the ‘Greek cure’

ECB: Euro area should smooth out the consumption and income shocks of its members

Russia to cut gas supplies again: can the EU get back to growth without a solid energy market?

Fostering intergenerational solidarity and cooperation through age-friendly environments: the right answer to Europe’s demographic challenge

When will Eurozone’s unemployment rate stop being Europe’s worst nightmare?

TTIP’s 11th round starts in Miami but EU-US businesses see no sunny side

My ‘’cultural’’ contacts with China

The migration crisis is slowly melting the entire EU edifice

Commission presents far-reaching anti-tax evasion measures

The European Internet is not neutral and neither is the Commissioner

China Unlimited Special Report: The trip to China

Biggest London City Banks ready to move core European operations to Frankfurt or Dublin?

Social Committee slams the 28 EU leaders for false promises

Do academia and banks favour a new Middle Ages period?

Greece will probably stay in the Eurozone but at what cost?

The ASEAN Community sees the light: the genesis of a new powerful economic and political bloc and EU’s big opportunity

OECD: Mind the financial gap that lies ahead

COP21 Paris agreement: a non legally-binding climate pact won’t stop effectively global warming while EU’s Cañete throws hardest part to next Commission

The “Colombo Declaration” adopted at the World Conference on Youth 2014

IMF to teach Germany a Greek lesson

If Macron defies Britain about the banks, Paris and London to clash over ‘La Manche’

The importance of collaboration in the digital economy

YO!Fest back in Strasbourg for the 2nd edition of the European Youth Event – 20-21 May 2016

UN Human Rights Council resolution on youth and human rights: a step forward for youth rights

Germany rules the banking industry of Eurozone

G20: Less growth, more austerity for developing countries

Rehn very reserved about growth in Eurozone

WEF Davos 2016 LIVE: “European unity and cooperation is being called on question”, Vice President Joe Biden criticizes from Davos

Why do medical students need to emigrate to become doctors in 2017?

India’s Largest Entrepreneurship Event is Back! (23-24th August 2016)

The Catcher in the Rice

Facebook wins EU approval for WhatsApp acquisition; just a sign of the times

The financial sector cripples Eurozone growth prospects

China in My Suburbs

A Sting Exclusive: “On the road to Japan-EU Economic Partnership Agreement”, by Ambassador Katakami of the Japanese Mission to the European Union

Jeroen Dijsselbloem new Eurogroup president

More Stings?

Comments

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

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s