Austria sweeping data retention table




The Austrian Constitutional Court has the obligation to retain swept away. According to the court’s data retention violates the constitutional right to privacy, as well as the European Declaration of Human Rights.

Archive Folders / Keeping The ruling of the Constitutional Court does not come as a surprise: the court had asked the European Court of Justice for its explanation, which ruled in April that the data retention can not pass muster. Austria, after the ruling of the European Court the first country where the European data retention is invalid.

According to the Austrian courts, the data retention, where data on telecommunications and Internet traffic to be stored for a certain period in violation of the statutory right to privacy and an article of the European Convention on Human Rights which guarantees privacy.

Furthermore, according to the Austrian court too few precautions to reduce the impact of data retention rules as to how the data should be stored. At the same time the court states that the principle of retention is acceptable, provided it is in line with the law. The data retention then should look like, is not clear.

In the Netherlands, the government has yet to respond to the ruling of the European Court, as State Secretary of Security and Justice Fred Teeven indicated that the retention of which he accepts as simply remain in force. Netherlands requires providers to telecommunications data and Internet, including when and where Internet sessions are set up to store. Six months to a year

In Germany declared the Constitutional Court in 2010, all that data retention is unconstitutional. Then the country was sued by the European Commission, because the retention of a European directive is to be implemented. Required Austria does not have to wait the same: the European directive is invalid.


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