Panel: Exposing a New Generation of Data Retention Laws

I participated in this panel about new data retention laws in Europe. I covered the recent decision of the Portuguese Constitutional Court, which stroke down our data retention law. It is still a bit too early to know what to expect from the Portuguese Parliament regarding the next data retention law, so I didn't explore that much – let's wait and see. But other countries are much more advanced in their attempts to achieve the required proportionality.

I was sick, with a blocked nose and somewhat short of breath, so my articulation / voice / English is even more broken than usual, sorry for that ;)

Other panel participants:

Patrick Breyer (MEP), Germany
Jesper Lund, Denmark
TJ McIntyre, Ireland
Bastien Le Querrec, France
Jan Vobořil, Czech Republic


Available here.

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You should also read:

 Portugal: Constitutional Court strikes data retention down 

With Nuno Mota.
This article was published on EDRi-gram.

On 19 April 2022, at the request of the Ombudsperson, the Portuguese Constitutional Court declared the unconstitutionality of the Portuguese data retention law. 

This was made possible thanks to a complaint by EDRi’s member D3 – Defesa dos Direitos Digitais to the Justice Ombudsperson, back in 2017.

On 19 April 2022, at the request of the Ombudsperson, the Portuguese Constitutional Court declared the unconstitutionality of the Portuguese data retention law.

This law transposed EU Directive 2006/24/CE, of 15 March, which was declared invalid by the Court of Justice of the European Union (CJEU) in 2014 (Digital Rights Ireland Lts and other, C-293/12 and C-594/12), and subsequent case law.

 Portugal: Data retention sent to the Constitutional Court 

This article was published at EDRi-gram. 
Please note that this refers strictly to a Portuguese law regarding *intelligence services’ access* to data retention. This is *not* the same case where, following a D3's complaint to the Justice Ombudsman, led to the data retention law in Portugal to be declared unconstitutional in 2022.

A new chapter is expected to soon be written in the long battle between lawmakers and the Constitutional Court in Portugal, regarding the intelligence services’ access to data retention. In January 2018, 35 Members of the Parliament (MP) from three parties officially requested the Constitutional Court to provide a rule on the constitutionality of the new law that grants intelligence services access to retained data.