The compatibility of an EU Directive concerning electronic data with the European Charter of Fundamental Rights is a question that the Irish High Court has referred to the EU Court of Justice. The High Court has requested clarification on whether Directive 2006/24/EC infringes the plaintiff's right to privacy.
The question has arisen in Digital Rights Ireland v Minister for Communications, Marine and Natural Resources, in which the Irish Human Rights Commission appears as amicus curiae. An amicus curiae, also known as a "friend of the court", is someone (not a party to a case) who volunteers to offer information to assist a court in deciding a matter before it. The central question of this case is the circumstances under which State authorities can require telecommunications service providers to retain and to provide to the State, data on the mobile phone, internet and e-mail communications of people who use their services.
A second question, suggested by the IHRC, is also being referred to the CoJ. This second question is whether national legislation intended to implement an EU Directive must itself comply with the human rights standards set out in the EU Charter of Fundamental Rights in order to be compatible with EU law.
Dr Maurice Manning, President of the Irish Human Rights Commission said "The IHRC's role as amicus curiae in these proceedings was central to having this question concerning the Charter raised, and shows the importance of having a truly independent body with expertise in human rights, available to assist the courts where issues concerning the fundamental rights of the individual arise."
Click here to see a press release by the Irish Human Rights Commission.
Click here to see Directive 2006/24 EC.
Click here to read a case summary by PILA of a 2010 decision in these proceedings.