Support Our Work Mailing list About / Contact
  • Home /
  • News /
  • 2010 /
  • may /
  • IRELAND: Data Retention: Digital Rights Ireland win right to take case to ECJ

IRELAND: Data Retention: Digital Rights Ireland win right to take case to ECJ

01 May 2010

Support our work: become a Friend of Statewatch from as little as £1/€1 per month.

IRELAND: Data Retention: DIGITAL RIGHTS IRELAND WINS RIGHT TO TAKE CASE TO ECJ: Judgment re: Preliminary Reference, Standing, Security for Costs (link): This is a copy of a judgment of the Irish High Court in relation to the constitutional challenge brought by Digital Rights Ireland against data retention in Europe. The judgment is from the 5th of May 2010 and relates to three key procedural questions: 1. Does DRI have standing to make arguments based on privacy and other fundamental rights? 2. Must DRI lodge money into court as security for the costs of the State? 3. Is this an appropriate case to refer to the European Court of Justice to determine whether the Data Retention Directive is compatible with fundamental rights.

All three questions are decided in favour of DRI and the court holds that: 1. DRI can make these arguments; 2. DRI need not pay money as security for costs; and 3. The case will be referred to the European Court of Justice. (NB: the judgment is marked "unapproved" meaning that it is not a final version - there may still be typos, etc., to be amended before it is finalised).

See also: European Court to rule on communications data retention (link)

Our work is only possible with your support.
Become a Friend of Statewatch from as little as £1/€1 per month.

 Previous article

UK: ERASING DAVID film: He has nothing to hide but does he have nothing to fear?

Next article 

European Commission adopted 6 May 2010: Action Plan on Unaccompanied Minors (2010 – 2014)

 

Spotted an error? If you've spotted a problem with this page, just click once to let us know.

Report error

Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.

About | Contact | Privacy Policy