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Data Store and Spying Laws Found Illegal By EU Court

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WillAffleckUW writes: The EU High Court found the United Kingdom's data retention (and subsequent storage and analysis) and surveillance laws to be illegal throughout the EU, which subsequently would be an argument in courts in Australia and Canada against their own spy laws. This effectively brings back the rule of law that all EU citizens have a right to privacy that is at the Bill of Rights level, not an easily short-circuited legal basis.

"The judges identified two key problems with the law: that it does not provide for independent court or judicial scrutiny to ensure that only data deemed 'strictly necessary' is examined; and that there is no definition of what constitutes 'serious offenses' in relation to which material can be investigated." It is uncertain that this would apply to U.S. spy laws, as a right of privacy is only inferred by U.S. high courts and is not written into constitutions as it is in the EU, Australia, New Zealand and Canada.

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