Digital Rights Ireland

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Digital Rights Ireland is a digital rights advocacy and lobbying group based in Ireland. The group works for civil liberties in a digital age.

Contents

Telecommunications data retention

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]

File sharing

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 areas of work

Other issues addressed by the group include:

See also

Related Research Articles

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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.

<span class="mw-page-title-main">Charter of Fundamental Rights of the European Union</span> Group of rights of the European Union

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.

<span class="mw-page-title-main">Supreme Court of Ireland</span> Highest judicial authority in Ireland

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.

<span class="mw-page-title-main">European Union citizenship</span> Legal right conferred to citizens of EU member states

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.

<span class="mw-page-title-main">Supplementary protection certificate</span> Type of intellectual property right

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.

<span class="mw-page-title-main">Database Directive</span> Directive of the European Union regarding copyright law

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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.

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<span class="mw-page-title-main">Data Retention Directive</span> European Union directive on storing telephony communications

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.

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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.

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<span class="mw-page-title-main">Data Retention and Investigatory Powers Act 2014</span> United Kingdom legislation

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<span class="mw-page-title-main">Patrick Breyer</span> German politician

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References

  1. 1 2 "Case number C-293/12". Court of Justice of the European Union. 8 April 2014. Retrieved 8 April 2014.
  2. Digital rights group sues Irish government Archived 17 January 2008 at the Wayback Machine — ElectricNews.net report, 14 September 2006, accessed 20 December 2006.
  3. State may face legal challenge over its access to phone dataThe Irish Times newspaper article, 29 July 2006.
  4. Criminal Justice (Terrorist Offences) Act, 2005
  5. "DRI comments on Data Protection Commissioners' comments". Archived from the original on 7 June 2007. Retrieved 24 June 2007.
  6. "ECJ Press Release in Digital Rights Ireland Data Retention case" (PDF). Court of Justice of the European Union. 8 April 2014. Retrieved 8 April 2014.
  7. "Judgment of the ECJ in Digital Rights Ireland data retention challenge". Court of Justice of the European Union, via Scribd. 8 April 2014. Retrieved 8 April 2014.
  8. "Translation of court ruling in 'FOR THE PROTECTION OF RIGHTS OF THE ENTERTAINMENT INDUSTRY IN THE NETHERLANDS (BREIN) et al. v UPC NEDERLAND B.V., and ors'" (PDF). Archived from the original (PDF) on 5 July 2007. Retrieved 9 July 2007.
  9. "Commission Nationale de I'Informatique et Libertes (CNIL) announcement that it would not permit automated monitoring of P2P file sharers. (In French)". Archived from the original on 25 October 2005. Retrieved 9 July 2007.
  10. "DRI comments on an ISP being ordered to hand over details of users". Archived from the original on 6 July 2007. Retrieved 25 June 2007.
  11. "DRI comments on a Mayo TD who requested information on his phone apparently being tapped". Archived from the original on 6 July 2007. Retrieved 25 June 2007.
  12. "DRIs concerns about phone tapping are apparently shared by Fine Gael". Archived from the original on 6 July 2007. Retrieved 25 June 2007.
  13. "DRI link to talk on ID cards and PPS numbers". Archived from the original on 27 September 2007. Retrieved 25 June 2007.
  14. DRI comments on vulnerabilities of electronic passports
  15. Digital Rights Ireland » Defamation
  16. "Welfare Records Leaked to Insurers". Archived from the original on 12 October 2007. Retrieved 25 October 2007.
  17. "Yet more social welfare leaks". Archived from the original on 24 October 2007. Retrieved 25 October 2007.
  18. "Even more social welfare leaks". Archived from the original on 24 October 2007. Retrieved 25 October 2007.