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    Cyprus Supreme Court Finds Data Retention Law Illegal

    Feb 15, 2011
    The Cyprus Supreme Court ruled in February 2011 that some of the provisions of Law 183(I)/ 2007 on disclosure of telecommunications data are unlawful. The law was adopted by Cyprus in December 2007 as the national implementation of the EU Data Retention Directive. According to an article in the EDRI-Gram, the court stated that the law breaches the Cyprus Constitution and its jurisprudence.

    The Cyprus Supreme Court ruled in February 2011 that some of the provisions of Law 183(I)/ 2007 on disclosure of telecommunications data are unlawful. The law was adopted by Cyprus in December 2007 as the national implementation of the EU Data Retention Directive.  According to an article in the EDRI-Gram, the court stated that the law breaches the Cyprus Constitution and its jurisprudence.

    The article said that articles four and five of the national law provide police forces access to retained data. In the case brought to the Supreme Court, four people claimed that these articles were unlawful and go beyond the provisions of the EU directive, which does not address the issue of access to the retained data.

    According to the EDRI-gram article, the court considered that three of the four court orders for disclosing telephone numbers and calls were illegal. The court reviewed the Cyprus Constitution and jurisprudence from itself and from the European Court of Human Rights and issued a unanimous ruling that the disclosure of telecommunications data by the district courts of Nicosia, Limassol, and Larnaca at the request of police investigating serious crimes is illegal. The fourth complaint was rejected because the person was imprisoned and banned for using a mobile phone.

    Police spokesman Michalis Katsounotos said, “"the decision will be studied in depth by the assistant police chief and all under investigation or criminal proceedings will be identified for which a court order was secured for the disclosure of telecommunications data, so that in consultation with the Attorney-general, a decision can be taken on the further handling of them."

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