Thread by @FantaAlexx

EU's chief justice Koen Lenaerts warns of attacks on 'normal pluralistic democratic game' by data retention. He cites exmpl of protest in EU capital, in 'unfortunately EU member states', where government target texts to those identified by metadata as opponents. #ICDPPC2018

Lenaerts notes that in the fight against terrorism, states tend to cast the net of surveillance as widely as possible. 'Those measures are absolutely liable to conflict' with the rights of citizens. Perhaps an obvious legal point, but important point by Europe's most senior judge

Interesting aside also on @maxschrems'es case against Facebook and resulting 2015 ECJ decision. Lenaerts notes that, not only had EU primary law changed with Lisbon Treaty (adopted 2009) after Safe Harbour (adopted 2000).

Lenaerts also quipps (almost) that 'a certain Edward @Snowden has done all kinds of declarations' that the US had not been able to contradict 'in any meaningful way'. Dry but astute observation on how much the world has changed in its perception of privacy over the past 20 years.

Lenearts also discusses issues of digital public. 'The Court in its jurisprudence never talked about the "right to be forgotten"', he notes. He mentions several still on-going cases where right to privacy is weighed with public right to access information.

He notes the novel nature of this, as such rights were fought out against the state since the Magna Carta. Now it is all about private companies, who become arbiters of law. Sadly, Lenaerts does not into the ills of privatized law enforcement. And yet, very clear-sighted outline.

At the end, Lenearts touches on cases about informed consent and browser cookies, ie paying for access with information. The judge notes that it is about privacy and data protection, but also freedom of enterprise. 'It all starts with freedom.' He didn't hint at ruling, of course