Privacy, Data Retention and Domination: Digital Rights Ireland v Minister for Communications

13 Pages Posted: 16 Dec 2015 Last revised: 17 Dec 2015

Date Written: February 10, 2015

Abstract

In Digital Rights Ireland Ltd v Minister for Communications, the European Court of Justice found the EU Data Retention Directive, which required the retention of communications data for up to 2 years, to be incompatible with Articles 7 and 8 of the EU Charter of Fundamental Rights – the rights to privacy and to the protection of personal data. It is argued in this note that the decision ought to be taken as one that is concerned with the exercise of arbitrary power, a concern that is captured by the concept of domination.

Keywords: Data Retention, Privacy, Domination, ECHR, ECJ

Suggested Citation

Roberts, Andrew J., Privacy, Data Retention and Domination: Digital Rights Ireland v Minister for Communications (February 10, 2015). Available at SSRN: https://ssrn.com/abstract=2703077 or http://dx.doi.org/10.2139/ssrn.2703077

Andrew J. Roberts (Contact Author)

Melbourne Law School ( email )

185 Pelham Street
Carlton
Victoria, 3052
Australia

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