23 março 2009

Directiva de Retenção de Dados "inválida" na Alemanha

Administrative Court: Data retention is "invalid": As the first German court, the Administrative Court of Wiesbaden has found the blanket recording of the entire population's telephone, mobile phone, e-mail and Internet usage (known as data retention) disproportionate. [...]

(D)ata retention violates the fundamental right to privacy. It is not necessary in a democratic society. The individual does not provoke the interference but can be intimidated by the risks of abuse and the feeling of being under surveillance [...] The directive [on data retention] does not respect the principle of proportionality guaranteed in Article 8 ECHR, which is why it is invalid.