Wednesday, October 10, 2012

Data Retention Reached Slovak Constitutional Court

I am very happy to report this case. Its something I and my colleagues at EISi have been working for more than two years. But let our EISi press release speak for itself:

The group of Slovak MPs filed the complaint against the data retention before the Slovak Constitutional Court. In its complaint it requests the Constitutional Court to rule on the local implementation of the data retention and scrutinize its conformity with the Slovak constitution, and if necessary, it asks the Constitutional Court to file the preliminary reference before the Court of Justice of the European Union on the validity of the data retention directive. The complaint is being authored and prepared by the Slovak based intellectual property and internet law research center, European Information Society Institute (EISi), which pushed for this complaint in the last two years.

"After the General Prosecution Office twice rejected our request to file this complaint before the Slovak Constitutional Court, we had no other option than to prepare the template submission before the Constutional Court ourselves and address the MPs. The liberal MP, Martin Poliačik, took a lead and persuaded other MPs. After two years of our hard work, we finally have the case before the Constutional Court." says Martin Husovec, the lawyer of the EISi.

"I am convinced that we will soon see the result of our effort in the form of the Constitutional Court ruling, which will cancel the objected provisions and stop the retention of this sensitive data in Slovakia." says Ľubomír Lukič, the lawyer of the EISi.

EISi is a Slovak-based non-profit organization focusing on the overlap of technology, law & information society. It conducts strategic litigation and regularly submits amicus curiae briefs before the courts in juristically or socialy important cases. It also serves as a research center for Internet law and Intellectual Property law.
The case was filed today. Obviously its still not on the website of the Court, but I will keep you posted on the all developments around it. I hope that Slovak Constitutional Court will reconsider, in the light of new criminological studies, the approach taken by German and also Czech Constitutional Court.

2 comments:

Martin Horsky said...

What a great news! Thank you for your effort and my apology for the delay with my comment- it was a pleasure to read your submission and I believe it will succeed. I see no reason why the Slovak Constitutional Court's conclusions in this matter should differ from the ones of the Czech Constitutional Court, so hopefully its ruling will not contain any (negative) surprises.

Thank you and EISi for your inspiring blog(s).

Best wishes,
Martin
(martinhorsky86 (at) gmail (dot) com)

Huťko said...

Hi Martin,

Thank you for your kind endorsement. I and EISi really appreciate that!

Cheers,
Martin