Data retention directive "invalid"

[Peter Fairbrother]

On 08/04/14 14:29, Igor Mozolevsky wrote:
>
>
>
> On 8 April 2014 14:10, Peter Fairbrother <zenadsl6186 at zen.co.uk
> <mailto:zenadsl6186 at zen.co.uk>> wrote:
>
>     eg:
>     http://www.reuters.com/__article/2014/04/08/us-eu-data-__ruling-idUSBREA370F02014040
>     <http://www.reuters.com/article/2014/04/08/us-eu-data-ruling-idUSBREA370F02014040>
>
>     http://www.theregister.co.uk/__2014/04/08/european_court_of___justice_says_data_retention___directive_is_invalid/
>     <http://www.theregister.co.uk/2014/04/08/european_court_of_justice_says_data_retention_directive_is_invalid/>
>
>     http://www.bbc.co.uk/news/__world-europe-26935096
>     <http://www.bbc.co.uk/news/world-europe-26935096>
>
>
>     Can anyone help explain what this means?
>
>
> http://www.scl.org/site.aspx?i=ne36776
>
>     Would it be legal for an ISP to delete all it's retained data today?
>
>
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> Off the top of my head probably not- it was a Directive that needed to
> be implemented through national laws. The latter are still in effect- I
> doubt the regulations under s2(2) ECA are automatically voided…



Perhaps not, but the Court has said that the Directive is invalid 
because it is disproportionate. The Regulations are undoubtedly 
disproportionate as well, and thus contrary to HRA - and would not that 
make them invalid?

I mean, isn't it a defense to say that you won't comply with the 
regulations because they are disproportionate - and whether the courts 
might otherwise disagree is no longer in question.


However I am not a lawyer !!





-- Peter Fairbrother