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Security.co.uk, 9 April 2015: 'State not to appeal custody ruling'


"The State will not appeal the recent invalidation of the Telecom Data Retention Act. The appeal period expired yesterday. This gives the recent verdict the so-called "res judicata". The judgment cannot now be challenged and thus becomes final.

According to the judge, the law infringed the right to "respect for private life" and the right to protection of personal data. The court found that this infringement was not limited to what was strictly necessary and subsequently set the law aside. The decision means that traffic data will no longer be stored for tracking by providers.

The public prosecutor's office announced this week that it fears the consequences of decommissioning. According to OM chief Herman Bolhaar, it will now be more difficult to track down and prosecute criminals. Meanwhile, a proposal for a new data retention obligation is being worked on, which justice minister Van der Steur hopes to present soon. Privacy watchdog Privacy First, one of the organisations that had sued the State over the data retention obligation, let it be known that if a new data retention obligation is introduced, a new lawsuit will be filed."

Source: https://www.security.nl/posting/424490/Staat+niet+in+hoger+beroep+tegen+uitspraak+bewaarplicht, 9 April 2015.