An adviser to the EU’s top court has claimed that citizens’ information in Germany is being illegally harvested, after telecom companies challenged bulk data collection.
The German data retention law was criticized on Thursday by an adviser to the Court of Justice of the European Union (CJEU), who stated that general and indiscriminate retention of traffic and location data is only allowed in exceptional cases, such as a threat to national security.
According to the adviser, bulk collection of data generates a ‘serious risk’ of leaks or improper access. It also entails a ‘serious interference’ with citizens’ fundamental rights to privacy and the protection of personal data.
This comes after two companies, SpaceNet and Telekom Deutschland, challenged the obligation to store their customers’ telecommunications traffic data in 2016. The Administrative Court of Cologne ruled that the two companies were not obliged to retain data because such an obligation violated Union law. Germany then appealed to the Federal Administrative Court, who asked the CJEU about the compatibility of the data retention obligation.
The CJEU has often stated that indiscriminate mass surveillance does not fit within the general principles of EU law. Over a year ago it saw a similar case involving legal challenges around national bulk data collection under UK and French law. The court then ruled that only limited data collection and temporary retention were allowed. France seeks to bypass the CJEU on data retention and has asked the country’s highest administrative court (the Council of State) not to follow the EU ruling. France is waiting for the conclusion of the procedure launched by the Council of State before “assessing to what extent” national law should be changed.
Despite recent EU court attempts to curb surveillance powers, leaked papers from June 2021 show that the national governments of the Netherlands, France, Spain, Luxembourg, Slovakia, and Estonia are pushing for a new pan-EU data retention law. They claim that data retention is essential for safeguarding public security and ensuring effective criminal investigations.
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Germany has been plunged into a “nationwide state of emergency” because of its current high level of Covid infections, acting health minister Jens Spahn has said. He also refused to rule out further lockdowns.
“The situation is serious, the dynamic is unbroken,” Spahn told a press conference Friday.
“The incidence has increased fivefold in four weeks. We see sadly high values in the death rate. We are in a national emergency.”
Spahn refused to rule out the possibility of another lockdown, saying that, in such a drastic health situation, “we can’t rule anything out.”
The head of the Robert Koch Institute (RKI), Lothar Wieler, added to the gloomy picture by saying that “all of Germany is one big outbreak,” with an estimated half a million active Covid cases in the country – and numbers rising. For the third day in a row, more than 50,000 cases have been registered in the country, while the death toll in Germany since the start of the pandemic is above 98,700, according to figures compiled by the RKI.
Wieler added that, with many hospitals already overwhelmed, more should be done to tackle the spread of the virus. Besides obvious measures such as vaccination and wearing masks, he also suggested closing poorly ventilated bars.
On Thursday, lawmakers in the Bundestag approved new measures in the fight against coronavirus, including requirements to prove vaccination status, a negative test, or proof of recovery from infection before employees can access communal workspaces or use public transport. The measures will have to be passed by the upper house before they can take effect.
Neighboring Austria announced on Friday that it would enter full lockdown as of Monday, November 22.
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Israeli and UAE defense suppliers have agreed to jointly develop unmanned vessels that can be tailored for a range of military roles, including anti-sub warfare. The move comes after the two countries held naval drills last week.
Emirati state-owned weapons maker EDGE group and the government-run Israel Aerospace Industries (IAI) announced the partnership in Dubai on Thursday. In a joint statement, the firms said they would design the 170 m-USV (modular-unmanned surface vessels) series for both military and commercial applications.
The vessels, which can apparently operate remotely or with partial and complete autonomy, are expected to be used for “maritime security operations,” intelligence-gathering, surveillance, detecting and countering submarines and mines, and as a deployment platform for vertical take-off and landing (VTOL) aircraft such as helicopters and certain types of drones.
For commercial use, the manufacturers noted that they can be customized to serve in a variety of roles, including oceanography, pollution monitoring, oil and gas exploration, transportation, search and rescue, firefighting, and first interventions.
While not specifying the sources and amount of the project’s funding, or when production would begin, EDGE Chief Executive Faisal Al Bannai described the deal as an “important milestone” that would “open many doors” for the company in “local and global markets, military and commercial alike.”
According to the statement, the EDGE-owned Abu Dhabi Ship Building (ADSB) will design the vessel and integrate the platform’s control systems and payload. IAI will develop the autonomous control systems and provide various mission-requirement payloads to the control system units.
In March, the two companies had partnered up to develop an autonomous drone defense system to “detect, identify and intercept a broad range of threats.”
Last week, the UAE and Bahrain conducted their first-ever joint maritime drill with Israel’s navy. The US Fifth Fleet also participated in the five-day show of force in the Red Sea, which was reported by Israeli media outlets as sending a message to Iran.
The naval exercises came a little more than a year after Israel and the UAE established diplomatic ties in normalization agreements brokered by the Trump administration. The Abraham Accords broke decades of Arab consensus to not formally recognize Israel until the issue of a Palestinian state was settled.
