The European Union has been praised for being so forward with their data privacy laws, however, one law that was designed to aid in the apprehension of terrorists in the wake of terror scares and threats in the past decade, has been struck down by the Court of Justice of the European Union. The Court explained that whilst national security concerns are indeed very important and very alive, that personal privacy and data protection was in this case, more important.
The directive that was struck down is called the Data Retention Directive. The Directive required that internet service providers and telecom companies retain data for up to two years. The Court found that this requirement was a “wide-ranging and particularly serious interference” with the fundamental rights to communication, private life and protection of personal data. The Court opined that some data could be retained but data that was in violation of the fundamental rights was to be left. This certainly speaks loudly to how the European courts value data protection. In defence of upcoming trials, Google has said that they believe that the courts will not uphold strict data protection laws and thus rule in their favour… perhaps they ought to re-think their statements.
If your company has a presence online and is concerned that it is not meeting the standards set forth in legislation about gathering and protecting customer or user data, or perhaps you have international users and customers and worry about different legal standards from the differing jurisdictions, then please contact us for more assistance. Also, check out our newest e-book, Data Privacy: A Practical Guide, available at this link: http://intersticeconsulting.com/ibtt/tradeandtaxation/data-privacy/ . This guide is the perfect way to get your business started on the path to complete data security for your customers and employees. With easy access to the authors for follow-up or more specific jurisdictional advice and updates, this e-books is the perfect read for any business.