Ten things to read about today’s data retention decision

I am a fair-weather blogger, and so I cannot remember the last time I had so many visits or retweets in a day.  Piggybacking on the unexpected traffic boost, here are ten things worth reading (from various sources) about the reason for that traffic – the finding by the Court of Justice of the EU that the Data Retention Directive is, on human rights grounds, invalid.  (My own post, Data retention parrot, is here).

I had plenty to choose from in putting this list together – fortunate that the decision was published when many of us legal academics are not teaching?

  1. The decision of the Court.  The early pages are taken up with reproducing the provisions of the legislation, so if you are familiar with the Directive, those pages are most skippable.
  2. Fiona de Londras, professor at Durham Law School, writing at Human Rights in Ireland. Special mention: discussion on whether “a more tailored, narrower approach” might survive scrutiny if the Directive is to be replaced (see also her lessons for the US, posted at The Conversation).
  3. “Cybermatron”, an expert in this field, writing on her blog. Special mention: highlighting weaknesses in the decision, including where the Court may have underappreciated the significance of the legislation and of this challenge.
  4. Steve Peers, professor at the University of Essex Law School, writing on his blog EU Law Analysis. Special mention: analysis of the current status of the (invalid) Directive, and options for states and the EU from this point on.
  5. Paul Bernal, lecturer at the UEA Law School, writing on his blog. Special mention: how the decision sits within the wider debate on and advocacy for privacy.
  6. Karlin Lillington, journalist, writing in the Irish Times. Special mention: the consequences for Ireland and the EU, by someone who has been instrumental in highlighting data retention practices for over a decade.
  7. Luke Scanlon, solicitor, Pinsent Masons, writing on Out-law. Special mention: impact on other legislation, including data protection present and future.
  8. Glyn Moody, author and journalist, writing for ComputerWorld UK. Special mention: explanation, point by point, of how the court’s decision relates to specific data retention practices.
  9. Gabriele Steinhauser, journalist, writing in the Wall Street Journal. Special mention: how the decision is being reported to an international audience, including the political dimension.
  10. Press release and FAQ on the decision from the European Commission (the ‘losing’ side, not that you would know that from the statement). Special mention: reading it with a straight face.

Apologies to those omitted – additional links welcome, through the comments sections below.

3 comments

  1. Hi Daithi,

    It’s a fine list.

    This press release from European Data Protection Supervisor is worth noting, if you ask me.

    https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/PressNews/Press/2014/14-04-08_Press_statement_DRD_EN.pdf

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