Security.co.uk, 17 February 2015: 'Tomorrow summary proceedings against telecommunications retention obligation'
"Tomorrow, 18 February, the summary proceedings against the State on the Compulsory Telecommunications Retention Act will take place at the District Court of The Hague. The summary proceedings have been brought by the Privacy First Foundation, the Dutch Association of Defence Counsel, the Dutch Association of Journalists, the Dutch Legal Committee for Human Rights, internet provider BIT and telecom providers VOYS and SpeakUp.
According to the plaintiffs, the Dutch retention obligation violates fundamental fundamental rights that protect private life, communications and personal data. This was also the verdict of both the European Court of Justice and the Dutch Council of State last year. However, Justice Minister Opstelten refused to put the retention obligation out of force. The minister is maintaining the law until an amendment comes into force, which could take years.
At the court hearing, the admissibility of the plaintiff organisations will not be challenged by the country's lawyer, Privacy First has been told by its lawyers. This will allow the proceedings to focus immediately on the substance rather than the procedural form requirements of the case. According to Privacy First's Vincent Böhre, this is a groundbreaking development because in similar lawsuits, the admissibility of the plaintiffs was almost always challenged by the State.
"By this mass surveillance the privacy rights of Dutch citizens are being massively violated. It is unacceptable that Minister Opstelten continues to insist on this after the highest European court already clearly said in April 2014 that this privacy violation is not allowed. We therefore expect the court in The Hague to condemn the Dutch data retention obligation harshly and declare it unlawful," Böhre said. The hearing starts at 11.00 am and is public."
Source: https://www.security.nl/posting/418852/Morgen+kort+geding+tegen+bewaarplicht+telecommunicatie, 17 February 2015