Irish Digital Rights group sees EU surveillance directive struck down

The EU's laws on electronic surveillance have been struck down by its highest court - following a challenge from an Irish lobby group.

By Noel Baker

Digital rights campaigners have hailed the decision by the European Court of Justice to throw out the Data Retention Directive - opening the way for a new challenge to Irish laws on the retention of personal data records here.

The campaign against the EU Data Retention Directive was launched in 2006 by Digital Rights Ireland, alongside similar actions by Austrian IT expert Michael Seitlinger and others.

They claimed that the blanket retention of data on citizens for periods of up to two years was contrary to privacy rights and open to abuse.

Yesterday the ECJ agreed. In the ruling, which cannot be appealed, the court said that “by adopting the Data Retention Directive, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality.”

Yesterday UCD law lecturer TJ McIntyre, chairman of Digital Rights Ireland, said the ruling was “very significant”.

He said that if a similar ruling was made in the United States of America, it would seriously limit the type of blanket surveillance carried out by its National Security Agency and which was highlighted by whistleblower Edward Snowden.

Mr McIntyre said he would now discuss the possibility of returning to the High Court to challenge Irish law on the retention of data here in light of the ECJ ruling.