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New Emergency UK Data Retention Law- What’s actually happening?

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In case you missed it with all the World Cup and such, last night UK Labour backbencher Tom Watson put out an urgent call for attention. The UK Gov were trying to bundle a replacement mass surveillance law through Parliament with nobody looking. Unlike here, the UK never brought in a standalone law for Data Retention, just a Ministerial Order directly based on the annulled Directive. As a result the UK were running on empty, legally speaking, ever since the […]

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Digital Rights Ireland: ECJ Judgment striking down Data Retention

The ECJ judgement on Digital Rights Ireland’s challenge to the EU’s data retention regime.

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ECJ Advocate General’s Opinion recommends Data Retention directive be struck down

The Advocate General of the European Court of Justice has delivered his opinion in the Digital Rights Ireland challenge to the Data Retention Directive. He says: I propose that the Court should answer the questions referred by the High Court in Case C 293/12 and the Verfassungsgerichtshof in Case C 594/12 as follows: (1) 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 […]

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Digital Rights Ireland: Oral Submission to the European Court of Justice on the Data Retention Directive

McGarr Solicitors act for Digital Rights Ireland. The case of Digital Rights Ireland Limited, seeking to challenge Data Retention, reached a significant milestone on the 9th July 2013, when the case was heard before the European Court of Justice in Luxembourg. The ECJ had received a referral from the Irish High Court, asking it to rule on the question of whether the Data Retention Directive (Directive 2006/24, to its friends) was compatible with basic EU laws. You can read the […]

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After PRISM: Who can access Ireland’s Data Retention Snooper’s Gold?

The PRISM leaks will come to be seen as one of the most significant stories of the year. The response of the various branches of Government in the US is to simultaneously hold that the leaks aren’t news at all– that they don’t tell the public anything they didn’t already know- and at the same time to decry the leaker for risking the very security of the USA by revealing state secrets. Leaving aside the question of how both these […]

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Digital Rights Ireland Data Retention Case

DRI’s case is brought in its own name, but it is an action with implications for every citizen of Ireland, whether they know it or not.

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Digital Rights Ireland: Draft Data Retention SI published

The Department of Justice has published the draft Statutory Instrument whereby Ireland proposes to transpose Directive 2006/24/EC into Irish law.

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Talk on Data Retention at Barcamp Ireland

Digital Rights Ireland Originally uploaded by Tom Raftery. I attended Barcamp on Saturday, held in Enterprise Ireland’s Webworks Building in Cork. Digital Rights Ireland‘s Chairman TJ McIntyre had asked me to give a talk about their court case challenging Data Retention. The day itself was very impressive- all thanks to the efforts of the organisers- and the grid of talks soon filled up with an impressively varied choice of topics. My presentation was first, and I ran through who DRI […]

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Digital Rights Ireland Data Retention Case

McGarr Solicitors represent Digital Rights Ireland Limited in their action against the Minister for Justice and Law Reform, the Minister for Communications, Marine and Natural Resources and the Garda Commissioner’s data retention policies and actions. Following consultation with our client, we are now making available the pleadings to date in this action in Adobe pdf format. Digital Rights Ireland Limited Plenary Summons Appearance entered by the Defendants Statement of Claim of the Plaintiff

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The General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) comes fully into effect on 25th May2018. I suggest this soundbite to sum up the GDPR; “Nothing about me without me”. The phrase is not new, it comes most recently from the UK National Health Service in the terms “No decision about me without me”. Under the GDPR, processing of personal data (possession is processing) must be legal; it must be lawful. Each act of processing must be confirmed to be lawful anddocumented. That […]

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