Court scraps Dutch data retention law, cites privacy concern

Headline Legal News

A judge scrapped the Netherlands' data retention law Wednesday, saying that while it helps solve crimes it also breaches the privacy of telephone and Internet users.

The ruling by a judge in The Hague followed a similar decision in April by the European Union's top court that wiped out EU data collection legislation it deemed too broad and offering too few privacy safeguards.

The Security and Justice Ministry said it was considering an appeal.

Under the Dutch law, telephone companies were required to store information about all fixed and mobile phone calls for a year. Internet providers had to store information on their clients' Internet use for six months.

The written judgment by Judge G.P. van Ham conceded that scrapping the data storage "could have far-reaching consequences for investigating and prosecuting crimes" but added that this could not justify the privacy breaches the law entails.

The judge did not set a deadline for disposing of the data.

Privacy First, one of the organizations that took the government to court, said the ruling "will bring to an end years of massive privacy breaches" in the Netherlands.

The government said after last year's European court ruling that it would amend its law.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.

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