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Posts Tagged ‘Privacy’

German Data Retention Decision: Early Analysis

March 16, 2010 Leave a comment

The latest issue of the German Law Journal contains what may be the first academic analysis of the Bundesverfassungsgericht decision in the data retention case – previously discussed here. The article, entitled ‘Pitting Karlsruhe Against Luxembourg? German Data Protection and the Contested Implementation of the EU Data Retention Directive’ by Christian DeSimone offers a historical overview of data protection in Germany and a discussion of the adoption of the Data Retention Directive and its implementation in Germany. There is also some brief discussion of the BVerfG decision. As no English translation of the decision is available to date, it is not possible to comment on the usefulness of the analysis of the BVerfG decision. However, the article contains a beautifully succinct comment on the reasons for the adoption of the EU law as a Directive rather than a Framework Decision: “The politics of legislative process trumped legal orthodoxy”. The article is available for free and the full citation is [2010] 11(3) German Law Journal 291.

EHRC letter – Body scanners in UK airports

February 16, 2010 1 comment

The Equality and Human Rights Commission in the UK has warned the UK Government that the use of body scanners at UK airports may not be lawful. The Commission, in a letter to the Secretary of State for Transport, Lord Adonis, outlined its concerns that the use of the scanners may be discriminatory, and may contravene the right to privacy. Moreover, the absence of a strict policy on how passengers are selected for scanning and the lack of a monitoring system is cause for concern.

A further problematic aspect of the scanners which was not addressed in the letter is the vetting process for those persons observing the images. In addition, stringent safeguards are necessary as to the destruction of the images after screening. Given that the Minister for Justice, Dermot Ahern, has expressed his support for such a counter-terrorism tactic, it is crucial that these issues are addressed before any equivalent policies are introduced in Irish airports.

Categories: Commentary, Terrorism Tags: ,