Will European Law allow the use of Metadata to fight crime?

[Brietta]

Presently under discussion on Webslueths

Fighting crime doesn't justify mandatory data retention: European Court of Justice
Ireland's mandatory data retention laws went a step too far, says the European Court of Justice. Now a murderer may be set free.
Written by Stilgherrian , Correspondent on April 6, 2022

https://www.zdnet.com/article/fighting-crime-doesnt-justify-mandatory-data-retention-european-court-of-justice/

[barrier]

A phone call was a pretty tenuous link to an alleged abduction and murder anyway imo, it seems now as if the BKA can't use that call if ever it was of use anyway.

[jassi]

Would this data still exist if it was from 2007 ?

[G-Unit]

European countries have been more interested in privacy than the UK for some time imo. For example, while the UK was adding CCTV everywhere, Portugal in 2007 didn't allow it except on private property and, I think, motorways.

.

[G-Unit]

Would this data still exist if it was from 2007 ?

Imo the only data available now is that gathered by the PJ at the time.

"all calls made in Praia da Luz during 2, 3 and 4 May 2007 based on information furnished by the
three phone companies."
https://mccannpjfiles.co.uk/PJ/MOBILE_PHONE_ANALYSIS.htm

They also obtained similar information covering a longer period for the phone records of the T9.

[Mr Gray]

European countries have been more interested in privacy than the UK for some time imo. For example, while the UK was adding CCTV everywhere, Portugal in 2007 didn't allow it except on private property and, I think, motorways.

.

CCTV helps solve and prevent crime so in that respect portugal is backward .....I would think this case would have been solved years ago or even not happened if the criminals thought they might get caught on CCTV

[Brietta]

A phone call was a pretty tenuous link to an alleged abduction and murder anyway imo, it seems now as if the BKA can't use that call if ever it was of use anyway.

Not if the data obtained indicates that the person's phone was in the vicinity of the crime.

[jassi]

It's proving ownership that could be the difficulty.

[G-Unit]

It's proving ownership that could be the difficulty.

Location is a problem also, we have learned.

[Brietta]

It's proving ownership that could be the difficulty.

I believe that obstacle might have been overcome in this instance.  We know about the number and the thirty minute call which interested the police.

We really don't know what other numbers also unchecked at the time which might be of as much interest to the investigation.

[Brietta]

Imo the only data available now is that gathered by the PJ at the time.

"all calls made in Praia da Luz during 2, 3 and 4 May 2007 based on information furnished by the
three phone companies."
https://mccannpjfiles.co.uk/PJ/MOBILE_PHONE_ANALYSIS.htm

They also obtained similar information covering a longer period for the phone records of the T9.

I don't think the question is that the information was collected at the time - it is 'does European Law allow its use to fight crime?'

[Wonderfulspam]

I believe that obstacle might have been overcome in this instance.  We know about the number and the thirty minute call which interested the police.

We really don't know what other numbers also unchecked at the time which might be of as much interest to the investigation.

Yes yes, the child abduction ring that were operating in Luz that night, but have never carried out a similar abduction before, or since, anywhere in either Portugal or Europe.

Once they had bagged Maddie, that was it for them, they simply gave up abducting kids after that, even though they got away scot free.

[jassi]

I believe that obstacle might have been overcome in this instance.  We know about the number and the thirty minute call which interested the police.

We really don't know what other numbers also unchecked at the time which might be of as much interest to the investigation.

The issue will be whether the police are able to prove the phone call is  of any relevance  if and when it comes to court.

[G-Unit]

I believe that obstacle might have been overcome in this instance.  We know about the number and the thirty minute call which interested the police.

We really don't know what other numbers also unchecked at the time which might be of as much interest to the investigation.

What makes you think they may have identified the owner of the phone?

[Wonderfulspam]

What makes you think they may have identified the owner of the phone?

Wishful thinking?