Data Retention Directive
|European Union directive|
|Title||Directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks|
|Made by||European Parliament & Council|
|Made under||Article 95 TEC|
|Journal reference||L 105, pp. 54–63|
|Date made||15 March 2006|
|Came into force||3 May 2006|
The Data Retention Directive, more formally "Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC" was a Directive issued by the European Union and related to telecommunications data retention. According to the directive, member states had to store citizens' telecommunications data for a minimum of 6 months and at most 24 months. Under the directive the police and security agencies would have been able to request access to details such as IP address and time of use of every email, phone call and text message sent or received. A permission to access the information could be granted only by a court. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid in response to a case brought by Digital Rights Ireland against the Irish authorities and others because blanket data collection violated the EU Charter of Fundamental Rights, in particular the right of privacy.
In September 2005, during the United Kingdom's presidency of the European Council, a plenary session was held concerning the retention of telecommunications data, chaired by the UK's Home Secretary. This led to an agreement reached by the Council at its meeting on the 1 and 2 December that was then adopted in March 2006, under the Austrian presidency.
This section needs expansion with: all other EU countries. You can help by adding to it. (January 2014)
The EU directive has been transposed into Romanian law as well, initially as Law 298/2008. However, the Constitutional Court of Romania (CCR) subsequently struck down the law in 2009 as violating constitutional rights. The court held that the transposing act violated the constitutional rights of privacy, of confidentiality in communications, and of free speech. The European Commission has subsequently sued Romania in 2011 for non-implementation, threatening Romania with a fine of 30,000 euros per day. The Romanian parliament passed a new law in 2012, which was signed by president Traian Băsescu in June. The Law 82/2012 has been nicknamed "the Big Brother law" (using the untranslated English expression) by various Romanian non-governmental organisations opposing it, as well as the Romanian media. On 8 July 2014 this law too was declared unconstitutional by the CCR.
On 8 April 2014, the Court of Justice of the European Union declared the Directive 2006/24/EC invalid for violating fundamental rights. The Council's Legal Services have been reported to have stated in closed session that paragraph 59 of the European Court of Justice's ruling "suggests that general and blanket data retention is no longer possible". A legal opinion funded by the Greens/EFA Group in the European Parliament finds that the blanket retention of data of unsuspicious persons generally violates the EU Charter of Fundamental Rights, both in regard to national telecommunications data retention laws and to similar EU data retention schemes (Passenger name records, Terrorist Finance Tracking Programme, Terrorist Finance Tracking System, law enforcement access to the Entry-Exit-System, Eurodac, Visa Information System).
- The Court of Justice of the European Communities: Action brought on 6 July 2006 — Ireland v Council of the European Union, European Parliament
- Arnbak, Axel (2013), "The Politics of the EU Court Data Retention Opinion: End to Mass Surveillance?", Freedom to Tinker.
- Bignami, Francesca (2007), "Privacy and Law Enforcement in the European Union: The Data Retention Directive", Chicago Journal of International Law, 8 (1): 233–256.
- Breyer, Patrick (2005), "Telecommunications Data Retention and Human Rights: The Compatibility of Blanket Traffic Data Retention with the ECHR", European Law Journal, 11 (3): 365–375, doi:10.1111/j.1468-0386.2005.00264.x.
- Stampfel, Gerald; Gansterer, Wilfried; Ilger, Michael (2008), Data Retention - The EU Directive 2006/24/EC from a Technological Perspective, Wien: Medien und Recht, ISBN 3-900741-53-0.
- de Vries, Bellanova, de Hert, Gutwirth: The German Constitutional Court Judgement on Data Retention
- Feiler, Lukas (2010), "The Legality of the Data Retention Directive in Light of the Fundamental Rights to Privacy and Data Protection", European Journal of Law and Technology, 1 (3).
- "ECJ Press Release in Digital Rights Ireland Data Retention case" (PDF). Court of Justice of the European Union. 8 April 2014. Retrieved 8 April 2014.
- "Case number C-293/12". Court of Justice of the European Union. 8 April 2014. Retrieved 8 April 2014.
- "Judgment of the ECJ in Digital Rights Ireland data retention challenge". EUR-Lex. Official Journal of the European Union. 8 April 2014. Retrieved 8 April 2014.
- "Justice and Home Affairs Informal". 9 September 2005. Archived from the original on 2010-02-02. Retrieved 17 February 2014.
- "PRESS RELEASE, 2709th Council Meeting, Justice and Home Affairs" (PDF). 21 February 2006. p. 2. Retrieved 17 February 2014.
- "CE solicită României să transpună integral normele UE în privinţa păstrării datelolor | Romania Libera". Romanialibera.ro. 16 August 2011. Retrieved 26 January 2014.
- "The Legality of the Data Retention Directive in Light of the Fundamental Rights to Privacy and Data Protection | European Journal of Law and Technology". Ejlt.org. Retrieved 26 January 2014.
- Romanian Constitutional Court Decision no.1258 of 8 October 2009, Official Gazette no. 798 of 23 November 2009.In: http://ejlt.org//article/view/29/75
- "Traian Basescu a promulgat asa numita 'lege Big Brother' care prevede stocarea pentru sase luni a datelor de trafic ale tuturor utilizatorilor de telefonie si internet – Telecom – HotNews.ro". Economie.hotnews.ro. Retrieved 26 January 2014.
- "EC drops case against Romania as data retention law passes". Telecompaper. Retrieved 26 January 2014.
- "Preşedintele a promulgat "Legea Big Brother"". adevarul.ro. Retrieved 26 January 2014.
- "Legea Big Brother a intrat in vigoare! Operatorii de telefonie si internet vor putea stoca o serie de date ale abonatilor". Avocatnet.ro. Retrieved 26 January 2014.
- "Legea 'Big Brother', prin care furnizorii de telefonie şi internet erau obligaţi să reţină date ale abonaţilor, declarată neconstituţională". mediafax.ro. Retrieved 8 July 2014.
- Joint letter of 22 June 2010 to Cecilia Malmström, European Commissioner for Home Affairs, Viviane Reding, European Commission Vice-President with responsibility for Justice, Fundamental Rights and Citizenship and Neelie Kroes, European Commission Vice-President with responsibility for the Digital Agenda. (PDF, 88,5 kB)
- Boehm/Cole: Data Retention after the Judgement of the Court of Justice of the European Union.
- Text of the directive and national provisions on data retention communicated by the member states. (HTML and PDF)
- Overview of implementation in the EU
- Arnbak, A.: The Politics of the EU Court Data Retention Opinion: End to Mass Surveillance?. Freedom to Tinker, December 2013.
- Breyer, P.: "Telecommunications Data Retention and Human Rights: The Compatibility of Blanket Traffic Data Retention with the ECHR". European Law Journal, May 2005. (PDF-File, 82 KB)
- Centre for European Policy Studies (CEP): Policy Brief on Data Retention (2011]. (PDF-File)
- Crump, C.: Data retention: privacy, anonymity, and accountability online (2003). 56 Stanford Law Review 191–229. (PDF-File)
- European Digital Rights: EDRI news tracking page on data retention (current)
- Feiler, L.: The Data Retention Directive (2008). Seminar paper. (PDF-File)
- Ganj, C.: The Lives of Other Judges: Effects of the Romanian Data Retention Judgment (4 December 2009). (PDF-File)
- Goemans, C. and Dumortier, J.: "Mandatory retention of traffic data in the EU: possible impact on privacy and on-line anonymity[permanent dead link]. Digital Anonymity and the Law, series IT & Law/2, T.M.C. Asser Press, 2003, p 161-183. (PDF-File)
- Kosta, E.: “The Way to Luxemburg: National Court Decisions on the Compatibility of the Data Retention Directive with the Rights to Privacy and Data Protection”, (2013) 10:3 SCRIPTed 339 (PDF-File)
- Milford, P.: "The Data Retention Directive: too fast, too furious a response? (2008). LLM Dissertation – Southampton Business School. (PDF-File)
- Mitrou, L.: "Communications Data Retention: A Pandora’s Box for Rights and Liberties?" From Digital Privacy: Theory, Technologies, and Practices edited by Alessandro Acquisti, Stefanos Gritzalis, Costos Lambrinoudakis and Sabrina di Vimercati. Auerbach Publications, 2008. (PDF-File)
- Morariu, M.: "How Secure is to Remain Private? On the Controversies of the European Data Retention Directive" (2009). Amsterdam Social Science, Vol. 1(2): p. 46-65. (PDF-File)
- Statewatch: The surveillance of telecommunications in the EU.
- Walker, C., & Akdeniz, Y.: "Anti-Terrorism laws and data retention: war is over?". Northern Ireland Legal Quarterly, 54(2), Summer edition 2003, 159–182. (PDF-File, 97 KB)
- Working Group on Data Retention: List of documents relating to communications data retention in the EU (current)