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Privacy, Data Retention and Domination: D igital R ights I reland Ltd v M inister for C ommunications
Author(s) -
Roberts Andrew
Publication year - 2015
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12127
Subject(s) - combinatorics , business , mathematics
In D igital R ights I reland L td v M inister for C ommunications , the E uropean C ourt of J ustice found the EU D ata R etention D irective, which required the retention of communications data for up to two years, to be incompatible with A rticles 7 and 8 of the EU C harter of F undamental R ights – the rights to privacy and to the protection of personal data. It is argued in this note that the decision ought to be taken as one that is concerned with the exercise of arbitrary power, a concern that is captured by the concept of domination.