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Digital Rights group to challenge governement on date retention in courts
national |
rights, freedoms and repression |
press release
Saturday August 05, 2006 06:17 by ifyou'vedonenothingwrong
![Report this post to the editors Report this post to the editors](../graphics/report.gif)
Meanwhile McDowell sues EU to increase the retention time
Digital Rights Ireland Press Release
Date: 28.07.06
Digital Rights Ireland has written to the Minister for Justice and Law Reform, Michael McDowell TD, and to the Minister for Communications, Marine and Natural Resources, Noel Dempsey TD and to the Garda Commissioner. We have looked for undertakings from them to cease breaching the Constitutional, statutory and European rights of the citizens of Ireland. Failing a positive response, we have instructed our solicitors, McGarr Solicitors, to prepare legal action.
For further explaination http://www.runningwithbulls.com/blog/2006/07/30/the-dat...week/
DRI and Data Commissioner on RTE TODAY
http://www.rte.ie/rams/radio/latest/Wed/rte-todaywithto....smil On or about the 25th April 2002 Mary O’Rourke as the Minister for Public Enterprise, as she then was, issued a direction to the telecommunications providers in Ireland to retain data generated by customers of the telecommunications providers, purportedly in compliance with Section 110 (1) of the Postal and Telecommunications Services Act 1983.
The Minister for Public Enterprise (as she then was) purported to issue those directions under Section 110 (1) of the Postal and Telecommunications Services Act 1983 requiring telecommunications providers to retain that data, being detailed non-anonymous traffic data, and to retain it for a 3 year period, for the purpose of facilitating requests from An Garda Siochana and from the Defense Forces under Sections 98A and 98B of the Postal and Telecommunications Services Act 1983, as inserted by Section 13 of the Interception of Postal Packets and Telecommunications Messages (regulation) Act 1993.
On the 19th December 2002 the Data Protection Commissioner advised the Department of Communications, Marine and Natural Resources (being the successor to the Minister for Public Enterprise in regard to these matters) that the direction of the Minister for Public Enterprise was, ultra vires, inadequate, constitutionally invalid and was in breach of the Data Protection Acts 1988 and 2003.
The Data Protection Commissioner advised the Department of Communications, Marine and Natural Resources of his intention to issue judicial review proceedings against the Minister of Communications, Marine and Natural Resources, to challenge the validity of any and all such directions issued by the him or his predecessor, to the telecommunications providers. While the actions of the Data Protection Commissioner were laudable, it appears he made no reference to data protection in European law. Data protection is and was the subject matter of Directive 95/46/EC (the transposition of which into national law was the intended objective of the Data Protection (Amendment) Act 2003).
In addition, telecommunications traffic data is specifically protected/regulated by Directive 2002/58/EC, Article 15 of which provides that retention of traffic data for purposes of law enforcement should meet strict conditions i.e. retention in each case to be only for a limited period and only where necessary, appropriate and proportionate in a democratic society.
The Government’s response to the representations of the Data Protection Commissioner was to procure the passing of the Criminal Justice (Terrorist Offences) Act 2005, and specifically the incorporation therein of the provisions of Part 7 thereof. Under that part of the Act, the Garda Commissioner may request a service provider to retain, for a period of 3 years, traffic data or location data or both.
These provisions were not and are not in accordance with European law and presumably for that reason, during the Irish presidency of the European Union, Ireland and, others, pressed for alterations in European Union Data Protection law resulting, ultimately in the publication and adoption of Directive 2006/24/EC.
We believe that the adoption of this Directive was not in accordance with European law. Ironically, this opinion appears to have been shared by the Minister for Justice, Equality and Law Reform, Mr. Michael McDowell. Ireland, through the agency of the Minister for Justice, Equality and Law Reform has taken proceedings under Article 230 of the Treaty of European Union to have the said Directive 2006/24/EC declared invalid by the European Court of Justice.
The claimed legal base for the Directive 2006/24/EC is Article 95 of the EC Treaty. In the opinion of the European Data Protection Supervisor this is not a correct legal base for this Directive. We currently believe that this is the very point on which Ireland has lodged their challenge in the European Court of Justice. The period during which Ireland must transpose Directive 2006/24/EC into national law will not expire until 18 months from April 2006.
In the meantime the direction of 25th April 2002 and the relevant provisions of the Criminal Justice (Terrorist Offences) Act 2005 are unconstitutional, in breach of the data protection law of the European Union, specifically of Directive 95/46/EC and also in breach of the European Convention on Human Rights.
From enquiries we’ve made and despite the aforesaid statement, we believe that the Minister for Justice, Equality and Law Reform may change his opinion and more importantly may, without reference to us, discontinue the said challenge under Article 230 of the Treaty of European Union to have the said Directive 2006/24/EC declared invalid by the European Court of Justice.
Furthermore, Ireland may commence and/or conclude the process of transposing Directive 2006/24/EC into national law.
We have written to the Minister for Communications, Marine and Natural Resources for an undertaking that he will withdraw the aforesaid direction of 25th April 2002 given to the telecommunications providers.
We have written in similar terms to the Garda Commissioner seeking an undertaking in writing that he will not, and he will ensure that no Garda Siochana will, seek access to the data referred to, being detailed non-anonymous traffic data, from the telecommunications providers by means of requests, purportedly lawful or otherwise, under the Criminal Justice (Terrorist Offences) Act 2005 or under the Direction of 25th April 2002.
We have written in similar terms to the Minister for Minister for Justice, Equality and Law Reform, seeking an undertaking in writing that he will not, and he will ensure that Ireland will not, withdraw or otherwise not prosecute the challenge under Article 230 of the Treaty of European Union and that Ireland will not in any circumstances transpose or commence the process of transposition of Directive 2006/24/EC into national law.
In default of hearing from them in the terms requested within seven days we have given instructions to our lawyers to prepare for legal proceedings.
ENDS
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Jump To Comment: 1 2 3 4 5 6Some backround on the history of the TDR fiasco:-
http://colr.ucc.ie/index.php?option=com_content&task=vi...id=44
There is some backround in the link attached to the irrepressible info article and
people can also google Karen Lillington, (ireland.com) for the 2003 coverage
of the TDR debacle.
A link to info re the backround on Irish Data Retention (TDR)
http://www..eire.com/2003/02/20/data-retention-in-irela...g-on/
meanwhile in the E.U:
http://publicaffairs.linx.net/news/?p=534
Minister Mc Dowell is challenging the legal 'pillar' for the harmonisation of Data retention laws;
(on foot of a directive issued by Mary O Rorke to the telecommunications companies, to retain e-mail, mobile phone data for a period of three years:- without the relevant legislation.)
Karen Lillington has covered the story in the Business Pages of the times at :www.ireland.com
since Feburary 2003
Amazon database would put shoppers' intimate details on the line
Amazon.com is developing a system to gather and keep massive amounts of intimate information about its millions of shoppers, including their religion, sexual orientation, ethnicity and income.
The database, which would combine information disclosed voluntarily by customers with facts gleaned from public databases, conceivably would give Amazon a larger or more detailed profile of its customers than any other retailer.
The Seattle-based company, with 59 million active customers, said it has no immediate plan to implement such a program. Its ability to do so emerged in a detailed patent application with the U.S. Patent & Trademark Office, disclosed Thursday.
[....]
AOL recently published a list of more than 650,000 user queries that revealed names, addresses and Social Security numbers, and the company this week apologized and removed the data, but it's unknown how many copies of the sensitive information were made.
read more at
http://seattlepi.nwsource.com/business/280894_amazon10.html
Amazon.com's
United States Patent Application
http://tinyurl.com/s6wje
*50 million on scrapped e-voting. =euros.
*Martin Cullen introduced the issue, in the Dail.
*The first TD to lose her seat was Mary O Rourke. This was the result of Ireland's first e-machine.
*In England: the planned bio-metric passports are open to cloning and the system used to 'brain-damage' the auspices of the british gov cost $200 .
Irish finanacial company wants all Irish citizens to carry ID:
" to defend the money from laundering"
This comes under corporate abuse of citizen rights: wherein we are a mass-market and not a people or peoples. The drive twoards this abuse of democratic principals is provided by the people who are not mandated to represent Irish people. But have close links to
those 'representatives'- yet we collude in it by consuming at a rampant pace by buying the political branding and tolerating the
legislation which erodes basic and simple rights.
The woman who lost her seat on the e-vote trial, has never
attempted to challenge that 'test', she also gave the
directive to the communications companies to retain data without
legislation for three year(highest in Europe).
The minister who inherited that directive failed to legislate for it, until
the data commissioner threatened to sue him.
meanwhile the money, in which we are awash is not used for
prisons, schools, hospitals or ameliorating the lives of the people who live in this meritocracy, but to push them further into a social divide that is based in elitism V poverty.
We are commencing our litigation, so we need your support more than ever.
For one thing, we could do with some money. But more importantly, we need you to spread the word. Please, if you can explain to five other people what our challenge is about, that would be a great help.
http://www.eire.com/2006/08/19/tell-5-people-about-data...enge/