AN ADVISORY OPINION FROM the Court of Justice of the EU on a case taken by convicted murderer Graham Dwyer has insisted that the general and indiscriminate retention of data is not justified in the prosecution of serious crimes.
He pointed out that, “in any event, access to that data entails a serious interference with fundamental rights to private and family life and the protection of personal data,“By permitting, for reasons going beyond those inherent in the protection of national security, the preventive, general and indiscriminate retention of traffic and location data of all subscribers for a period of two years, Irish legislation does not therefore comply with the Directive on privacy and electronic...
The metadata, which was generated by Dwyer’s work phone, placed the device at specific places at particular times and dates.Ahead of that decision however, the Supreme Court was obliged to refer a number of questions to the European court because the case relates to European law, specifically data retention.
#Open journalism No news is bad news Support The Journal Your contributions will help us continue to deliver the stories that are important to youIn 2018, the High Court found that sections of Ireland’s retention laws concerning information generated by telephones contravene EU law. The European Court of Justice found in 2014 that the 2006 EU directive was invalid and this position was further strengthened in subsequent rulings by that court in 2016.
Ridiculous! Constitution permits pursuit of citizen, who *has* committed crime, into their home It thus permits request of landline phone records (conspiracy, fraud etc) If it permits landline records&mobile is the new landline, then home&records are violable ,DeptJusticeIRL
Tells you what you need to know about the European courts. On the side of a killer
This whole thing has so many twists. From the absolutely phenomenal work of that Garda in Roundwood, to the kink of suburban professional with the Stanford type wife, to the vulnerable victim. Really if I read this in fiction I'd be thinking bit far fetched.
Just crazy and knowing the European court they will rule in his favour. The fact that he murdered an innocent woman is by the by.
If he's released on a technicality like this he might find some justice meted out against him by the public
HWFG
Law Law Latest News, Law Law Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
ECJ opinion boosts Dwyer's case over phone dataAn opinion published by an adviser to Europe's top court has boosted the case taken by convicted murderer Graham Dwyer over the retention and accessing of his mobile phone data. Then the Law needs to be rendered safe by being changed pronto to ensure that the silly impractical Legal People can not frustrate any further Murder/Abuse case by dragging out more cases yapping that the phone data was inadmissible. Write it in black & white that it is. Scary to think he could be out on the streets again. Pure utter evil what he did to Elaine O’Hara. Safer for all women that he stays in prison. I don't think it has boosted the appeal to the extent being reported. Gardai recovered the text messages from the SIM cards in the two phones. Those texts are most damning as they included him giving her directions to the spot where she was last seen.
Source: rtenews - 🏆 1. / 99 Read more »
Europe's top court to publish opinion on phone dataEurope's top court will come a step closer this morning to a decision which could have significant implications for the investigation and prosecution of serious crimes.
Source: rtenews - 🏆 1. / 99 Read more »
Source: thejournal_ie - 🏆 32. / 50 Read more »