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The Big Brother Laws The Date Retention Directive European Union Directive Directive 2006/24/EC 1

The Big Brother Law

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The Big Brother LawsThe Date Retention DirectiveEuropean Union DirectiveDirective 2006/24/EC11The Data Retention Directive, mostly known as " The Big Brother Law" and more formally "Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC" was a Directive issued by the European Union and related to telecommunications data retention.22The Big Brother According to the directive, member states will have to store citizens' telecommunications data for a minimum of 6 months and at most 24 months. Under the directive the police and security agencies will be able to request access to details such as IP address and time of use of every email, phone call and text message sent or received. A permission to access the information will be granted only by a court. On 8 April 2014, theCourt of Justice of the European Uniondeclared the Directive invalid in response to a case brought byDigital Rights Irelandagainst the Irish authorities and others.34

HistoryIn September 2005, during the United Kingdom'spresidency of the European Council, a plenary session was held concerning the retention of telecommunications data, chaired by the UK'sHome Secretary.This led to an agreement reached by the Council at its meeting on the 1st and 2nd of December that was then adopted in March 2006, under the Austrian presidency.56

Romania The EU directive has been transposed intoRomanian lawas well, initially as Law 298/2008.However, theConstitutional Court of Romaniasubsequently struck down the law in 2009 as violating constitutional rights. The court held that the transposing act violated the constitutional rights of privacy, of confidentiality in communications, and of free speech.TheEuropean Commissionhas subsequently sued Romania in 2011 for non-implementation, threatening Romania with a fine of 30,000 euros per day.The Romanian parliament passed a new law in 2012, which was signed by president Traian Bsescuin June.The Law 82/2012 has been nicknamed "Big Brother" (using the not-translated English expression) by various Romanian non-governmental organizations opposing it.On July 8th 2014 this law too was declared unconstitutional by the Constitutional Court of Romania.7

Traian Basescu former leader8

CriticismThe Data Retention Directive has sparked serious concerns from physicians, journalists,privacyandhuman rights groups, unions, IT security firms and legal experts9

Criticism limitless10

Annullment

On 8 April 2014, the Court of Justice of the European Union declared the Directive 2006/24/EC invalid for violating fundamental rights. The Council's Legal Services have been reported to have stated in closed session that paragraph 59 of the European Court of Justice's ruling "suggests that general and blanket data retention is no longer possible11Annullment declaration 12

AnnullmentA legal opinion funded by the Greens/EFA Group in the European Parliament finds that the blanket retention data of unsuspicious persons generally violates the EU Charter of Fundamental Rights, both in regard to national telecommunications data retention laws and to similar EU data retention schemes (PNR, TFTP, TFTS, LEA access to EES, Eurodac, VIS).13Satisfaction14