On March 16, 2009, the German Administrative Court of Wiesbaden published a February court decision (Az. 6 K 1045/08 WI) requesting the European Court of Justice (ECJ) to assess the compatibility of the Data Retention Directive (Directive 2006/24) regarding the retention of telephone and Internet data with basic constitutional rights. The Court considers the Directive to be invalid because it violates the proportionality principle required by Article 8 (right to privacy) of the European Convention on Human Rights. The full judgement (in German) can be requested from the Wiesbaden Administrative Court here.
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German court rules on data retention and submits questions to ECJ
- Hunton & Williams LLP
- Bridget C. Treacy, Cédric Burton, Christopher Kuner, Dr. Jörg Hladjk and Olivier Proust
- European Union, Germany
- April 28 2009
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