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A European Court of Justice preliminary ruling from Tuesday could have a huge effect on the Estonian judicial system. Masses of evidence might prove inadmissible in thousands of criminal processes, including the major trials of Hirv and Gammer and Porto Franco where communications data has been used as evidence and basis for collecting evidence. The European Court of Justice ruled on Tuesday that recent criminal practice in Estonia is not in accordance with EU law in several aspects. Estonia has for years obligated all mobile services operators to record everyone s cell phone data – virtually everything except content of calls. Who called who, when, how often and using which devices, as well as the location of the person placing the call and the recipient. Additional data, such as the location of owners of devices, who they met etc. has also been recorded. The law obligates service providers to store the data for a period of one year.

Paul keresAndres parmasPorto francoSupreme courtSupreme court criminal chamberMinistry of justiceEuropean courtWhile the supreme courtProsecutor officeEstonian supreme courtProsecutor general andres parmasHuman rightsGeneral andres parmasSaale laosOliver nääsEuropean court of justice