Security.co.uk, 23 April 2015: 'Next week court case against route controls State'
"Next Tuesday, a court case against the State's route controls will take place at the Utrecht District Court. The case has been brought by Bas Filippini, chairman of privacy movement Privacy First. According to Filippini, route controls are a gross violation of privacy, as everyone is tracked by the government, including the bulk of motorists who do not speed.
There is no specific legal basis for this, Filippini said. "This violates the Constitution and the European Convention on Human Rights (ECHR)." The president of Privacy First received a fine for speeding on the A2 in late 2012. Filippini challenged this fine, citing privacy violations. After all, the route controls turn every motorist into a potential suspect, he revealed.
"This constitutes a reversal of the classic principle in a democratic state under the rule of law: the government may only invade privacy upon reasonable suspicion of a concrete criminal offence," Filippini said. He therefore wants this to be tested by the courts and is willing to continue litigating for this up to the European Court of Human Rights in Strasbourg.
Filippini argues that the case is unique. As one of the few countries in the world, Dutch judges are not allowed to test laws against the Constitution. Many cases therefore test purely against the ECHR. However, route checks are not a law, but a national practice. Filippini wants courts to test this practice against both the ECHR and the Constitution. The trial at the Midden-Nederland District Court, Utrecht location, is public and will take place at 11:00 am."
Source: https://www.security.nl/posting/426060/Volgende+week+rechtszaak+tegen+trajectcontroles+Staat, 23 April 2015.