Tag Archives: data retention

Dutch Data Retention Law Struck Down

Good news on privacy protection for once: after an 11 March 2015 ruling of the Court of The Hague in the Netherlands in the case of the Privacy First Foundation c.s. versus The Netherlands, the court decided to strike down the Dutch data retention law. The law required telecommunication providers and ISPs to store communication and location data from everyone in the Netherlands for a year. The court based its decision on the reasoning that a major privacy infringement of this magnitude needs proper safeguards. The safeguards that were put in place were deemed insufficient by the court. There is too much room for abuse of power in the current law, which was the reason for the The Hague Court to strike it down, effective immediately.

An English article by the Dutch Bits of Freedom foundation explains it in more detail here. An unofficial translation of the court’s decision in English can be found here.

The question remains what will happen now. The law has been struck down, so it seems logical to scrap it entirely. Whether that will happen, or whether the decision stands should the Ministry of Security and Justice appeal the decision, time will tell.