Digital Rights Ireland is a digital rights advocacy and lobbying group based in Ireland. The group works for civil liberties in a digital age.
In 2012, [1] the group brought an action before the Irish High Court, which subsequently made a reference to the Court of Justice of the European Union to take legal action [2] [3] over telecommunications data retention provided for by the Criminal Justice (Terrorist Offences) Act of 2005. [4]
Digital Rights Ireland argues that the act led to Gardaí accessing retained data without having a specific crime to investigate, citing remarks by the Data Protection Commissioner. [5]
On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid in response to a case brought by Digital Rights Ireland against the Irish authorities and others. [1] [6] [7]
The Irish Recorded Music Association has sent letters to people it accuses of file sharing their music, demanding damages for financial losses. [8] One issue is how the files belonging to the alleged file-sharers were searched. MediaSentry software was used to search their machines, but as it doesn't limit itself to searching only folders used for file sharing, this led to questions of violation of privacy. MediaSentry itself is based in the United States, which has less legislation about data protection than the European Union. This has been an issue in cases in the Netherlands [9] and France. [10]
Another issue is Internet service providers being compelled to identify users. [11]
Current action still causes concern to DRI. [12]
Former TD Dr. Jerry Cowley has requested [13] that the complaints referee investigate whether his telephone is being tapped. DRI expressed concern, noting that there is no Irish equivalent of the Wilson Doctrine in Irish law. Fine Gael has also shown concern at the number of telephone taps authorised by former Minister for Justice Michael McDowell. [14] DRI said that the reasons for withholding the information was unacceptable.
Other issues addressed by the group include:
The European Court of Justice (ECJ), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
The Office of the Data Protection Commissioner (DPC), also known as Data Protection Commission, is the independent national authority responsible for upholding the EU fundamental right of individuals to data privacy through the enforcement and monitoring of compliance with data protection legislation in Ireland. It was established in 1989.
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court, judicial review over Acts of the Oireachtas. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin.
European Union citizenship is afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.
In the European Economic Area, a supplementary protection certificate (SPC) is a sui generis intellectual property (IP) right that extends the duration of certain rights associated with a patent. It enters into force after expiry of a patent upon which it is based. This type of right is available for various regulated, biologically active agents, namely human or veterinary medicaments and plant protection products. Supplementary protection certificates were introduced to encourage innovation by compensating for the long time needed to obtain regulatory approval of these products.
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the sui generis right for the creators of databases which do not qualify for copyright.
Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements. Although sometimes interchangeable, it is not to be confused with the Data Protection Act 1998.
The International Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information. They were overturned on October 6, 2015, by the European Court of Justice (ECJ), which enabled some US companies to comply with privacy laws protecting European Union and Swiss citizens. US companies storing customer data could self-certify that they adhered to 7 principles, to comply with the EU Data Protection Directive and with Swiss requirements. The US Department of Commerce developed privacy frameworks in conjunction with both the European Union and the Federal Data Protection and Information Commissioner of Switzerland.
Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many would be deterred from coming forward and sharing information of public interests with journalists.
S and Marper v United Kingdom [2008] ECHR 1581 is a case decided by the European Court of Human Rights which held that holding DNA samples of individuals arrested but who are later acquitted or have the charges against them dropped is a violation of the right to privacy under the European Convention on Human Rights.
The Data Retention Directive, later declared invalid by the European Court of Justice, was at first passed on 15 March 2006 and regulated data retention, where data has been generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. It amended the Directive on Privacy and Electronic Communications. According to the Data Retention Directive, EU member states had to store information on all citizens' telecommunications data for a minimum of six months and at most twenty-four months, to be delivered on demand to police authorities.
The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties." The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now that it has attained a single legal personality in the Lisbon Treaty.
The General Data Protection Regulation is a European Union regulation on information privacy in the European Union (EU) and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also governs the transfer of personal data outside the EU and EEA. The GDPR's goals are to enhance individuals' control and rights over their personal information and to simplify the regulations for international business. It supersedes the Data Protection Directive 95/46/EC and, among other things, simplifies the terminology.
Maximilian Schrems is an Austrian activist, lawyer, and author who became known for campaigns against Facebook for its privacy violations, including violations of European privacy laws and the alleged transfer of personal data to the US National Security Agency (NSA) as part of the NSA's PRISM program. Schrems is the founder of NOYB – European Center for Digital Rights.
The Data Retention and Investigatory Powers Act 2014 was an Act of the Parliament of the United Kingdom, repealed in 2016. It received Royal Assent on 17 July 2014, after being introduced on 14 July 2014. The purpose of the legislation was to allow security services to continue to have access to phone and internet records of individuals following a previous repeal of these rights by the Court of Justice of the European Union. The act was criticised by some Members of Parliament for the speed at which the act was passed through parliament, by some groups as being an infringement of privacy.
The Investigatory Powers Act 2016 is an Act of the Parliament of the United Kingdom which received royal assent on 29 November 2016. Its different parts came into force on various dates from 30 December 2016. The Act comprehensively sets out and in limited respects expands the electronic surveillance powers of the British intelligence agencies and police. It also claims to improve the safeguards on the exercise of those powers.
NOYB – European Center for Digital Rights is a non-profit organization based in Vienna, Austria established in 2017 with a pan-European focus. Co-founded by Austrian lawyer and privacy activist Max Schrems, NOYB aims to launch strategic court cases and media initiatives in support of the General Data Protection Regulation (GDPR), the proposed ePrivacy Regulation, and information privacy in general. The organisation was established after a funding period during which it has raised annual donations of €250,000 by supporting members. Currently, NOYB is financed by more than 4,400 supporting members.
Patrick Breyer is a German digital rights activist, jurist, Pirate Party Germany politician, and – since 2019 – Member of the European Parliament (MEP). From 2012 to 2017 he was a member of the state parliament of Schleswig-Holstein and from April 2016 until the end of the legislative period he was also the leader of the Pirate group in that assembly. Breyer is one of four European Pirate Party MEPs in the 2019–2024 term along with three Czech Pirate Party members, all of whom are members of the Greens / EFA parliamentary group.
The Regulation to Prevent and Combat Child Sexual Abuse is a European Union regulation proposed by the European Commissioner for Home Affairs Ylva Johansson on 11 May 2022. The stated aim of the legislation is to prevent child sexual abuse online through the implementation of a number of measures, including the establishment of a framework that would make the detection and reporting of child sexual abuse material (CSAM) by digital platforms a legal requirement within the European Union.