The Data Retention Directive compels communications service providers routinely to capture and archive information detailing the telephone. The retention of traffic (and location) data for law enforcement purposes is an issue that has been discussed within the European Union for. Slovenia is joining the group of Member States which have made a declaration under Article 15(3) of the Directive of the European Parliament and the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public.


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In line with democratic values, the advantages offered by the data retention obligation must data retention directive its inherent risks. The Opinion considers the above safeguards to be mandatory and cumulative. According to the AG, they constitute a minimum threshold that can be enhanced by additional requirements imposed by EU Member States.


However, the Opinion data retention directive it to national courts to decide whether, in each particular jurisdiction, those safeguards are sufficiently met. Clearly, however, the Opinion calls into question any national legislation of EU Member States that does not adequately cover the list of mandatory safeguards.

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Final rulings in both the Swedish and UK cases are expected by end In the meantime, the EU e-Privacy Directive, which provides for the right to impose data retention obligations, is currently under revision. The new law aims to achieve greater proportionality, thereby granting access to retained data only where the pursued objective cannot be achieved by more privacy-conscious means.

Data retention directive the standard data retention period is 12 months, access is now more restricted and tailored to the data retention directive of the crime. Accordingly, for minor crimes, access to retained data can be granted only for a maximum period of six months.

Data Retention Directive - ORG Wiki

For more severe crimes, access can be requested for nine months, with a maximum period of 12 months for the most serious crimes.

Additionally, physicians, lawyers, and journalists receive additional protection in view of their legal privilege. The law was adopted on May 29,and entered into effect on July 28, Pursuant to the CPEC, electronic communications operators must retain specific data for judicial authorities in the investigation and prosecution of data retention directive offenses, as well as for specific administrative or governmental authorities.

Such data consists of technical data enabling the identification of the user and the technical aspects of his or her communications as opposed to the data retention directive content of such communications.

EU Data Retention Directive | Inside Privacy

The CPEC requires a data retention directive retention period for such data. Under the Law of June 21,internet access providers and internet hosting services must also retain, for a one-year period, information on the identity of the subscribers to their services who contribute to online content, as well as related technical data.

Such data can be accessed by judicial authorities in the course of legal proceedings. They contend that the framework does not comply with the Charter of Fundamental Rights of the EU, on grounds similar to those that led to data retention directive of the Data Retention Directive.

Data Retention Directive - Wikipedia

After the respective period, all data must be deleted at the data retention directive within one week. The law strictly prohibits retention of data concerning the content of communications, email data, and information regarding visited web pages URLs.

Such prohibition also includes text messages, if these cannot be retained without their content.


Location data may not exceed a level of precision beyond that which enables authorities to determine the general data retention directive area from where a signal was emitted. Access to retained data is restricted to law enforcement agencies for the purposes of prosecuting particularly serious crimes and preventing a concrete danger to the state or to the life or liberty of a person.

Further restrictions apply with regard to privileged communications. The retained data must be stored within Germany, and a high standard of data security must be ensured. Germany early And similarly, Germany's courts have made a data retention directive decision and are challenging the directive.

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The courts said that there were not enough safeguards to prevent misuse of citizen's personal data, and that the German data protection commissioner data retention directive have oversight of the operation. It was a class action suit brought to the court by 35 thousand German citizens, and was successful.

The law as it was passed in must be amended before it can be put into action again. They are however now reconsidering introducing it after the EU Commission threatened Germany with fines. The court ruled that access data retention directive police through courts to the data was in three cases illegal, and data retention directive the requests for access.

For the same reason potential costs were also waived by the court in the case of Data retention directive losing. The High Court recommended that the case be brought before the European Court of Justice for review, which could have serious implications across the EU.

A European Commission memo [25] states that retention compatible with the Privacy and Electronic Communications Directive is still permitted.