Belgian Constitutional Court is sweeping data retention table




The Constitutional Court in Brussels on Thursday a line drawn through the data retention in the country. The data retention is annulled, allowing providers in the country no longer have internet and telephony data store for one year.

The Constitutional Court found the League for Human Rights and the Ligue des Droits de l’Homme in the same. The organizations demanded the partial or total destruction of the data retention of 30 July 2013. At the annulment of the Act, the Court followed the reasoning of the Court of Justice of the European Union, the European directive already invalid in April last year declared .

According to the Constitutional Court differs Belgian data retention directive is not invalid on the points where objection was made. “Just as the Court has established with respect to the directive, the law also applies to persons for whom there is no indication that their behavior – even indirectly or from afar – has a connection with the contested law enumerated offenses “, the Constitutional Court in his judgment .

Also criticizes the Court that access to retained data is not subject to inspection by a court. The Belgian data retention required that providers of traffic related to fixed and mobile telephony, Internet access, e-mail and Internet telephony had to keep for a year.

In March 2015 the court declared in The Hague, the Dutch data retention already invalid . The court made the law infringes the European Convention on Human Rights.


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