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EHCR/Hungary: Mass Surveillance Activities by Police Force Violate the Right to Privacy, Home and Correspondence

(Feb. 9, 2016) On January 2016, the European Court of Human Rights (ECHR) delivered a judgment in the case of Szabo and Vissy v. Hungary. The ECHR held that broad secret surveillance activities that had been conducted by the Hungarian Anti-Terrorism Task Force, which was established within the police force on the basis of the […]

Poland: Controversial Proposals and Measures on Surveillance Law, Constitutional Tribunal, and Media Law

(Feb. 3, 2016) Poland’s government is planning legal changes that would increase the surveillance over the country’s citizens. The new provisions, proposed by the ruling Law and Justice Party, would increase the government’s access to digital data while reducing restrictions on the use of surveillance by the police. (Dominic Yobbi, Thousands March in Poland to […]

European Union: Draft Directive on Collection and Transfer of Air Passenger Record Data

(Dec. 23, 2015) In the wake of the recent terrorist attacks in France, the issue of the collection of passenger name record (PNR) data from airlines and the transfer of that data to the appropriate national authorities of the Member States of the European Union has been revisited with a renewed sense of urgency. On […]

Israel: Preventing Web Search Retrieval of Court Decisions Held Unlawful

(Dec. 7, 2015) On November 12, 2015, Israel’s Supreme Court voided a decision by the Court Administration (CA) (the judicial branch of the country) to require companies operating commercial databases to commit to not indexing court decisions retrieved from the CA’s databank.  This requirement would have prevented court decisions published by such companies from being […]

Kyrgyz Republic (Kyrgyzstan): Mandatory Video Surveillance Introduced in Public Places

(Aug. 3, 2015) On May 18, 2015, the President of Kyrgyzstan signed into law the Outdoor Video Surveillance Act (Law No. 103 (May 18, 2015), Ministry of Justice website (in Russian)). The Act obligates the municipal authorities of the two largest Kyrgyz cities, Bishkek and Osh, and businesses registered in these jurisdictions to install video […]

France; France: Parliament Adopts New Surveillance Legislation

(July 10, 2015) Controversial national intelligence and surveillance legislation was adopted by the French Senate on June 23, 2015, and by the National Assembly on June 24, 2015. (Police et sécurité: renseignement, Assemblée Nationale website (last visited July 9, 2015).) This action follows a long legislative process that involved the establishment of a joint commission […]

Germany: Parliament Debates Data Retention Act

(June 18, 2015) On June 12, 2015, the German Bundestag (parliament) debated in a first reading a draft Data Retention Act. (Entwurf eines Gesetzes zur Einführung einer Speicherpflicht und einer Höchstspeicherfrist für Verkehrsdaten [Draft Act on Introducing a Requirement to Store Traffic Data and a Maximum Retention Period], DEUTSCHER BUNDESTAG: DRUCKSACHEN UND PROTOKOLLE [BT-Drs.] 18/5088 […]

Sweden: District Court Declares Drone Use Does Not Constitute Camera Surveillance

(May 1, 2015) On April 13, 2015, the Administrative District Court of Malmö announced that using a drone to take pictures of an outdoor public garden is not camera surveillance that requires a prior permit. (Jaqueline Balcer Bednarska, Foto med drönare är inte kameraövervakning – domstol upphäver länsstyrelsens beslut, DAGENS JURIDIK (Apr. 14, 2015).) The […]

Netherlands: Court Strikes Down Data Retention Law

(Mar. 23, 2015) On March 11, 2015, the district court of The Hague in the Netherlands struck down the country’s 2009 Telecommunications Data Retention Act (TDRA), which requires telephone and Internet service providers to save the traffic and location data of their users for 12 months. The court ruled that the Act violates the right […]

Australia: Committee Report on Data Retention Bill Released

(Mar. 4, 2015) On February 27, 2015, the Australian Parliamentary Joint Committee on Intelligence and Security (PJCIS) released an advisory report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Advisory Report). (PJCIS,Advisory Report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Feb. 2015), Parliament of Australia website.) Data Retention […]