Decision is preliminary and unenforced, though a good start
Analysis In a massive win for privacy rights, a preliminary ruling from the European Court of Justice (ECJ) has made clear that national security concerns do not override citizens’ data privacy. Thus, ISPs should not be forced to hand over personal information without clear justification.
That doesn’t mean that the intelligence and security services cannot oblige communications companies to hand over information, especially when it comes to terrorism suspects. But it does mean that those requests will need to be done “on an exceptional and temporary basis,” as opposed to sustained blanket harvesting of information – and only when justified by “overriding considerations relating to threats to public security or national security.”
In other words, a US-style hovering up of personal data is not legal under European law.
The decision this week is not current ..
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