The government recognises that data retention is contrary to a European convention. That would mean that the current law is invalid, says Bits of Freedom. Providers would be the metadata of their customers no longer need to save and also not allowed any more.
That would mean that the law no longer is valid. Providers, that data about the way they are used and use of the internet now for a period of six months to a year to be saved, would that not need to do. “In fact, that they might not even allowed any more,” says Zenger of Bits of Freedom, opposite Tweakers. There is no legal basis for storing these data.
Professor of international law Willem van Genugten confirms that laws that are contrary to international law are invalid. “We have a system in which provisions in international conventions that are not ambiguous, directly influenced the rule of law,” said Van Genugten. A judge would hold this aside in a reference to the international treaty.
Previously said the government is still that providers the data of their customers should just continue to save, despite the fact that the European directive on which the law is based by the European Court of Justice invalidated. However, there is a new law, which for the government is less easy is to data.
The government had later know in a comment that the suspension of the law is not necessary, because the law will be changed. Isp Xs4all says when asked, that it has not yet decided whether it will stop the saving of the metadata. “We are still in consultation with parent company KPN, and with our lawyers,” said a spokesman of the company.
Update, 19.45 – Response cabinet added.
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