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Bulgaria nixes 'metadata' law, Paraguay delays

Another one bites the dust …

By Richard Chirgwin, 13 Mar 2015

Another data retention domino has fallen, with Bulgaria striking down its spooks'-charter laws as unconstitutional in a Constitutional Court challenge launched by that country's ombudsman.

The Sofia Globe reports that the bulk collection mandated by the country's Electronic Communications Act have been struck down, with the full decision yet to be published.

The challenge to the laws began in April 2014, following the European Court of Justice's decision to invalidate the 2006 European data retention directive.

Ombudsman Konstantin Penchev targeted the requirement that telecommunications providers save data for at least a year, with law enforcement able to request six month extensions.

The challenge was based on the primacy of EU directives and treaties over local legislation, the Sofia Globe report says, with Penchev adding that “the provisions also breached the constitutional rights of privacy and the freedom and confidentiality of correspondence and all other communications”.

Paraguay hasn't nixed its data retention legislation, but debate of the bill has been postponed by eight days in response to protests.

The bill has passed the country's Senate, but members in the Chamber of Deputies remain critical according to this local report (in Spanish).

Olga Ferreira, speaking on behalf of the country's Human Rights Commission, said the proposal goes far beyond what is necessary, is invasive, and damages rights of association and freedom of expression.

The Paraguayan bill returns to the Senate next Thursday. ®

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