Human Rights in the Digital Age – University of Copenhagen

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01 July 2015

Human Rights in the Digital Age

New Article by Federico Fabbrini has been published on the Harvard Human Rights Journal (2015).

In April 2014, the European Union Court of Justice (“ECJ”) delivered a milestone ruling on the protection of human rights in the digital age. In the case of Digital Rights Ireland, the ECJ declared the Data Retention Directive—an EU legislative act requiring telecommunications service providers to retain for up to two years all metadata from every EU citizens’ emails, text messages, and telephone calls, and to make these available to national security agencies for investigatory purposes—to be in violation of the rights to privacy and data protection enshrined in the European Union Charter of Fundamental Rights.

In this article Federico Fabbrini examines the ECJ’s decision, making it accessible to an international audience. The Article explains the decision’s context and content by surveying the European Union’s (“EU”) constitutional framework for privacy and data protection and detailing the ECJ’s legal reasoning. It clarifies how the ECJ’s decision in Digital Rights Ireland builds upon previous national security cases and discusses its implications for the protection of human rights in a developing technological era—both in the EU and globally.

Read more here