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To add some practical results to that: the Data Retention Directive[1] was struck down by a bunch of national constitutional courts before being completely annulled by the EU Court of Justice.

1: https://en.wikipedia.org/wiki/Data_Retention_Directive

by yeahforsureman4 hours ago|

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Not to forget the European Human Rights Convention as interpreted by the European Court of Human Rights (ECHR), although it's not an institution of the EU but the Council of Europe, spanning all EU states and then some.

The Court's case law is recognized as is by EU, and includes some landmark privacy rulings, e.g., against access to contents and metadata of electronic comms without a court order (or comparable legal safeguards), or any forms of bulk surveillance.

by rdm_blackhole4 hours ago|

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Yes, the court can overturn laws that are deemed to infringe on privacy rights but this path takes years. The last time a privacy invasive law was enacted it took something like 8 years to be overturned.

Are you willing to live in the EU knowing that for the next 8 years the EU agencies will have access to every single message, email and picture you send your loved ones just in case one of those could be CSAM?

Even if that was overturned, how will one know if he data they intercepted and illegally obtained will be destroyed or if the text messages you sent to your wife/husband are not going to end up sold to the highest bidder on the darkweb?

by zelphirkalt3 hours ago|

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There are forces pushing for chat control again and again and again, until one day people are not vigilant enough to prevent this BS from happening. Then it will take ages to repeal and repair the damage done. Once there is some chance to vacuum up some personal data, businesses, government, and security forces will be very quick to grab that chance, and very slow to give that data up again, should it turn out, that the whole damn thing was illegal all along, due to some constitution. The malpractices might continue for years even after things have been declared illegal.

by hsuduebc210 minutes ago|

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Yea, they only need one successful attempt. I'm still quite not sure about the motivation, the fact that politicians have an exempt from this law is scandalous at least.

by rdm_blackhole4 hours ago|

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https://www.patrick-breyer.de/en/chat-control-2-0-trilogue-u...

> given the constitutions of various EU countries

EU law superseded any state law by default and that's by design. Even if the EU law is immoral and dangerous like the Chat Control law.

So a country's constitution will not save you if tomorrow all chat apps are doing client side scanning.

by zelphirkalt3 hours ago|

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In practice it _might_ still save you, if the country is willing to pay annual fines to the EU for not implementing some law or policy. But communication tools are always at least a 2 way thing, where you communicate with someone else. If that someone else has their chats leaked due to living in another EU country, where chat control is implemented, then even your constitution will not protect you.

Scenarios like these make me consider, whether one day I need to vote for my country to also leave the EU, as it might become a surveillance nightmare. The moment chat control impacts me and my chats on my devices, I think I will have had enough of this. But the economic consequences are scary of course. So damned if you leave and damned if you don't. Sucks.

by 3 hours ago|

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