Frederik comments in media on mass surveillance

The Court of Justice of the European Union decided an important case on 21 December 2016. In short, the Court prohibits mass metadata surveillance. The Court says that EU member states are not allowed to impose an obligation on telecommunications companies to store metadata of all telecom-users.

The Court says that mass metadata surveillance, even if it may help to catch criminals or terrorists, violates people’s privacy and data protection rights. The Court adds that metadata are just as sensitive as the content of communications. Metadata show, for instance, who you call and when. The Court says that such metadata are “no less sensitive, having regard to the right to privacy, than the actual content of communications.”

Frederik commented on the case for Dutch media:

The full judgment by the Court of Justice of the European Union is here: http://curia.europa.eu/juris/document/document.jsf?text=&docid=186492&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=566657 

For an analysis of metadata surveillance and human rights, see:

Frederik J. Zuiderveen Borgesius and Axel Arnbak, New Data Security Requirements and the Proceduralization of Mass Surveillance Law after the European Data Retention Case, Amsterdam Law School Research Paper No. 2015-41. https://ssrn.com/abstract=2678860