Top Euro Court Advised: Citing 'National Security' Doesn't Justify Widespread Surveillance

Arthur T Knackerbracket has found the following story:

Analysis: In a massive win for privacy rights, the advocate general advising the European Court of Justice (ECJ) has said that national security concerns should not override citizens' data privacy.

That doesn't mean that the intelligence and security services should oblige communications companies to hand over information, especially when it comes to terrorism suspects, the opinion, handed down yesterday, proposes. But it would mean that those requests will need to be done "on an exceptional and temporary basis," as opposed to sustained blanket harvesting of information - and only when justified by "overriding considerations relating to threats to public security or national security."

In other words, a US-style hovering [sic] up of personal data is not legal under European law.

The legal argument being made by the AG is technically advisory - the ECJ has yet to decide - though in roughly 80 per cent of cases it does side with the preliminary opinion put forward by its Advocate General, in this case Manuel Campos Sinchez-Bordona.

If the ECJ agrees, it could also have significant implications for the UK which has passed a law that gives the security services extraordinary reach and powers - which is in a legal limbo due to the ongoing Brexit plans to leave the European Union.

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