Judge: Must Directive Comply With Human Rights Law?
PRIVACY LAW—IRELAND & EUJanuary 30, 2012
The Irish High Court has asked the European Court of Justice (ECJ) to clarify the country's legal ability to require telecommunications providers to retain data on users as stated in the EU Data Retention Directive. The Journal reports that one judge has also questioned the ECJ on whether the implementation of the directive must fall in line with the European Convention on Human Rights in order to be fully compatible with EU law. Laws that breach the human rights convention can be appealed to the non-EU institution, the European Court of Human Rights, and if violations are found, countries can be ordered to change their laws.