Overview of national data retention policies

Overview of national data retention policies

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Data retention transposition schedule

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

(EU directive)

-

6-24 months

directive, 15 March 2006

Directive's requirements: the calling telephone number; the name and address of the subscriber or registered user; the number(s) dialled (the telephone number(s) called), and, in cases involving supplementary services such as call forwarding or call transfer, the number or numbers to which the call is routed; the name(s) and address(es) of the destination subscriber(s) or registered user(s); the date and time of the start and end of the communication; the telephone service used; the calling and called telephone numbers;

Directive's requirements: the calling telephone number; the name and address of the subscriber or registered user; the number(s) dialled (the telephone number(s) called), and, in cases involving supplementary services such as call forwarding or call transfer, the number or numbers to which the call is routed; the name(s) and address(es) of the destination subscriber(s) or registered user(s); the date and time of the start and end of the communication; the telephone service used; the calling and called telephone numbers; the International Mobile Subscriber Identity (IMSI) of the calling party; the International Mobile Equipment Identity (IMEI) of the calling party; the IMSI of the called party; the IMEI of the called party; in the case of pre-paid anonymous services, the date and time of the initial activation of the service and the location label (Cell ID) from which the service was activated; the location label (Cell ID) at the start of the communication; data identifying the geographic location of cells by reference to their location labels (Cell ID) during the period for which communications data are retained.

Directive's requirements: the user ID(s) allocated; the user ID and telephone number allocated to any communication entering the public telephone network; the name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication; the name(s) and address(es) of the subscriber(s) or registered user(s) and user ID of the intended recipient of the communication; the date and time of the log-in and log-off of the Internet e-mail service or Internet telephony service, based on a certain time zone; the Internet service used; the calling telephone number for dial-up access; the digital subscriber line (DSL) or other end point of the originator of the communication;

Directive's requirements: the user ID(s) allocated; the user ID and telephone number allocated to any communication entering the public telephone network; the name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication; the date and time of the log-in and log-off of the Internet access service, based on a certain time zone, together with the IP address, whether dynamic or static, allocated by the Internet access service provider to a communication, and the user ID of the subscriber or registered user; the calling telephone number for dial-up access; the digital subscriber line (DSL) or other end point of the originator of the communication;

Directive's requirements: the user ID(s) allocated; the user ID and telephone number allocated to any communication entering the public telephone network; the name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication; the user ID or telephone number of the intended recipient(s) of an Internet telephony call; the name(s) and address(es) of the subscriber(s) or registered user(s) and user ID of the intended recipient of the communication; the date and time of the log-in and log-off of the Internet e-mail service or Internet telephony service, based on a certain time zone; the Internet service used; the calling telephone number for dial-up access; the digital subscriber line (DSL) or other end point of the originator of the communication;

-

providers of publicly available electronic communications services or of a public communications network

competent national authorities in specific cases for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law

referral announced by Irish High Court

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Austria

yes

6 months as of April 2012

AK Vorrat

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Belgium

no (no implementing decree)

Reported: Loi du 21 mars 1991 portant réforme de certaines entreprises publiques économiques. Loi; Moniteur Belge , date pub: 27/03/1991 ; ref.: (MNE(2007)58028) Arrêté royal du 9 janvier 2003 portant exécution des articles 46bis, § 2, alinéa 1er, 88bis, § 2, alinéas 1er et 3, et 90quater, § 2, alinéa 3, du code d'instruction criminelle ainsi que de l'article 109ter, E, § 2, de la loi du 21 mars 1991 portant réforme de certaines entreprises publiques économiques. Arrêté royal; Moniteur Belge , date pub: 10/02/2003 ; ref.: (MNE(2007)58029)

Judicial coordination unit, examining magistrates, public prosecutor, criminal police for the investigation and prosecution of criminal offences, the prosecution of abuse of emergency services telephone number, investigation into malicious abuse of electronic communications network or service, for the purposes of intelligence-gathering missions undertaken by the intelligence and security services

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Bulgaria

yes

12 months

Reported: Electronic Communications Act, promulgated in State Gazette No.41 as of May 22, 2007, amended State Gazette No.27 as of April 9,2010;; Regulation # 40 on the categories of data and the procedure under which they would be retained and disclosed by companies providing publicly available electronic communication networks and/or services for the needs of national security and crime investigation, promulgated in State Gazette No. 9 as of January 29, 2008, amended State Gazette No.108 as of December 19, 2008;

Providers of public communications networks and/or publicly available electronic communications services

The head officer of the: 1. Specialized departments, the local units and the independent territorial directorates within the State Agency for National Security; 2. Directorate General “Criminal Police”, Directorate General “Fight against organized crime” and its local units, Directorate General “Security”, Directorate General “Border Police”, directorate “Internal security”, Sofia Directorate of Internal affairs, the regional directorates within the MoI; 3. The Military Information Service and the “Military Police” within the Ministry of Defence; 4. National Intelligence Service The data is retained for the purposes of detection and investigation of serious crimes and crimes under Art. 319a - 319e of the Penal Code (cybercrimes), and for the location of missing or wanted persons. Access id granted only after a court warrant.

completed

Access to Information Programme (AIP)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Cyprus

yes

6 months

Reported: Ο Περί Διατήρησης Τηλεπικοινωνιακών Δεδομένων με Σκοπό τη Διεύρηνση Σοβαρών Ποινικών Αδικημάτων Νόμος του 2007. Νόμος , no.: Ν. 183(Ι)/2007; Cyprus Gazette , no.: 4154 , date pub: 31/12/2007 , page: 01466-01483 ; date into force/en vigueur: 31/12/2007 ; ref.: (MNE(2008)50638)

For investigation of a serious criminal offence

Supreme Court ruled 1 Feb 2011 that retained data can only be accessed "in cases of convicted and unconvicted prisoners and business correspondence and communication of bankrupts during the bankruptcy administration" (Art. 17 of Constitution)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Czech Republic

No, transposition law annulled by Constitutional Court on March, 31st 2011

Iuridicum Remedium (IuRe)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Denmark

yes

12 months

Reported: Bekendtgørelse om udbydere af elektroniske kommunikationsnets og elektroniske kommunikationstjenesters registrering og opbevaring af oplysninger om teletrafik. Bekendtgørelse , no.: 988; Lovtidende A , date pub: 13/10/2006 ; date into force/en vigueur: 15/09/2007 ; ref.: (MNE(2007)56962) Bekendtgørelse om udbydere af elektroniske kommunikationsnets og elektroniske kommunikationstjenesters registrering og opbevaring af oplysninger om teletrafik. Bekendtgørelse , no.: 988; Lovtidende A , date pub: 13/10/2006 ; date into force/en vigueur: 15/09/2007 ; ref.: (MNE(2007)56966) Bekendtgørelse om udbydere af elektroniske kommunikationsnets og elektroniske kommunikationstjenesters registrering og opbevaring af oplysninger om teletrafik (logningsbekendtgørelsen). Bekendtgørelse , no.: 988; Lovtidende A , date pub: 13/10/2006 ; date into force/en vigueur: 15/09/2007 ; ref.: (MNE(2007)56970)

For the investigation and prosecution of criminal acts

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Estonia

yes, as of 01/01/2008 (Internet 15/03/2009)

12 months

Reported: ELEKTROONILISE SIDE SEADUSE JA RAHVATERVISE SEADUSE MUUTMISE SEADUS. seaduse parandus , no.: RTI, 07.12.2007, 63, 397 ; Elektrooniline Riigi Teataja , no.: RTI, 07.12.2007, 63, 397 ; ref.: (MNE(2007)58607)

for criminal proceedings of a criminal offence [in the first degree or an intentionally committed criminal offence in second degree with a penalty of imprisonment of at least three years]

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Finland

yes, as of 23/05/2008 (Internet 15/03/2009)

12 months

Reported: Viestintäviraston määräys tunnistamistietojen tallennusvelvollisuudesta / Kommunikationsverkets föreskrift om skyldighet att lagra identifieringsuppgifter Laki sähköisen viestinnän tietosuojalain muuttamisesta / Lag om ändring av lagen om dataskydd vid elektronisk kommunikation

For investigating, detecting and prosecuting serious crimes as set out in Chapter 5a, Article 3(1) of the Coercive Measures Act

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

France

yes, as of 24/03/2006

12 months

Reported: Décret no 2006-358 du 24 mars 2006 relatif à la conservation des données des communications électroniques. Décret , no.: 2006-358; Journal Officiel de la République Française (JORF) , date pub: 26/03/2006 ; date into force/en vigueur: 27/03/2006 ; ref.: (MNE(2007)56763)

For the detection, investigation, and prosecution of criminal offences, and for the purpose of providing judicial authorities with information needed, and for the prevention of acts of terrorism and protecting intellectual property

No. A challenge was rejected by the Constitutional Court (decision of 07/08/2007). However, the Court decided providers must be reimbursed (decision of 07/08/2007).

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Germany

no (declared unconstitutional on 2 March 2010)

-

-

-

-

-

-

-

Any person providing or assisting in providing telecommunications services and in so doing allocating subscription IDs or providing telecommunications connections for IDs allocated by other parties (applies to telephony and DSL lines, including prepaid services, but not e-mail services) is to collect, prior to activation, and store the name and address of the allocation holder, the date of birth and in the case of fixed lines, additionally the address for the line, even if such data are not required for operational purposes (§ 111 TKG). The subscriber directories are electronically accessible by all German law enforcement and intelligence agencies (§ 112 TKG).

Working Group on Data Retention (AK Vorrat)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Greece

yes

12 months

Data retention law no. 3917 dated 21-02-2011

providers of publicly available electronic communications services or public communications networks

For the purpose of detecting particularly serious crimes

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Hungary

yes

12 months

Reported: 15 acts

To enable investigating bodies, the public prosecutor, the courts and national security agencies to perform their duties, and to enable police and the National Tax and Customs Office to investigate intentional crimes carrying a prison term of two or more years

yes, Constitutional Court challenge brought by theHungarian Civil Liberties Union (HCLU)

Hungarian Civil Liberties Union (HCLU)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Ireland

Yes.

25 months phone records, 13 months Internet records (may be kept for up to 25 months).

Communications (Retention of Data) Act 2011.

Unsuccessful calls to be retained

Unsuccessful calls to be retained

For the prevention of serious offences [i.e. offences punishable by imprisonment for a term of 5 years or more, or an offence in schedule to the transposing law], safeguarding of the security of the state and the saving of human life. Data may be accessed with consent of a person to whom data relates in accordance with a court order authorised by the Data Protection Commissioner Garda not below rank of Chief Superintendent Officer not below rank of colonel of Permanent Defence Force Officer of Revenue Commissioners not below rank of principal officer

yes, High Courtchallenge brought by DRI (latest updates)

Digital Rights Ireland See background on Irish law here.

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Italy

yes

24 months, Internet 12 months

Reported: Attuazione della direttiva 2006/24/CE riguardante la conservazione dei dati generati o trattati nell'ambito della fornitura di servizi di comunicazione elettronica accessibili al pubblico o di reti pubbliche di comunicazione e che modifica la direttiva 2002/58/CE.

For detecting and suppressing criminal offences

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Latvia

yes, as of 07/06/2007 (Internet 15/02/2009)

18 months

Reported: Kārtība, kādā pirmstiesas izmeklēšanas iestādes, operatīvās darbības subjekti, valsts drošības iestādes, prokuratūra un tiesa pieprasa un elektronisko sakaru komersants nodod saglabājamos datus, kā arī kārtība, kādā apkopo statistisko informāciju par saglabājamo datu pieprasījumiem un to izsniegšanu. Ministru Kabineta noteikumi , no.: 820; Latvijas Vēstnesis , no.: 197 , date pub: 07/12/2007 ; date into force/en vigueur: 08/12/2007 ; ref.: (MNE(2008)50003) Grozījumi Elektronisko sakaru likumā. Likums; Latvijas Vēstnesis , no.: 83 , date pub: 24/05/2007 ; date into force/en vigueur: 07/06/2007 ; ref.: (MNE(2007)54265)

To protect state and public security or to ensure the investigation of criminal offences, criminal prosecution and criminal court proceedings

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Lithuania

yes

6 months

Reported: Lietuvos Respublikos asmens duomenų teisinės apsaugos įstatymo pakeitimo įstatymas Nr. X-1444 Lietuvos Respublikos elektroninių ryšių įstatymas Nr. IX-2135

For the investigation, detection and prosecution of serious and very serious crimes, as defined by the Lithuanian Criminal Code

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Luxemburg

yes

6 months

Reported: Loi concernant la protection de la vie privée dans le secteur des communications électroniques Règlement grand-ducal du 24 juillet 2010 déterminant les catégories de données à caractère personnel générées ou traitées dans le cadre de la fourniture de services de communications électroniques ou de réseaux de communications publics

For the detection, investigation, and prosecution of criminal offences carrying a criminal sentence of a maximum one year or more

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Malta

yes

12 months, Internet 6 months

Reported: L.N. 198 of 2008 Data Protection Act (Cap. 440) Processing of Personal Data(Electronic Communications Sector) (Amendment) Regulations, 2008 L.N. 199 of 2008 Electronic Communications (Regulation) Act (CAP. 399)Electronic Communications (Personal Data and Protection of Privacy) (Amendment) Regulations, 2008

For investigation, detection or prosecution of serious crime

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Netherlands

Yes

12 months

Wet bewaarplicht telecommunicatiegegevens, passed Senate on 7 July 2009. Plus law to be proposed by government that will reduce period for Internet to 6 months.

No.

For investigation and prosecution of serious offences for which custody may be imposed

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Poland

yes

24 months

1. The Telecommunication Law Amendment of 24 April 2009 (Journal Od Laws of 2009, No.85 item 716). 2.The Regulation of the Minister of Infrastructure of 28 December 2009 on a detailed specification of data and types of operators of public telecommunications networks or providers of publicly available telecommunications services obliged for its retention and storage, Journal of Laws of 2009, No 226 item 1828, went into force on 1 January 2010.

unsuccessful call attempts

unsuccessful call attempts, data identifying beam and working range of antenna of BTS

No court order required. Six secret services, police, courts and prosecution have a right to request data. For the prevention or detection of crimes, for prevention and detection of fiscal offences, for use by prosecutors and courts if relevant to the court proceedings pending, for the purpose of the Internal Security Agency, Foreign Intelligence Agency, Central Anti-Corruption Bureau, Military Counter-intelligence Services and Military Intelligence Services to perform their tasks

yes, complaint of 28 January 2011 concerning data access

Panoptykon

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Portugal

yes, as of 08/2009

12 months

Reported: Assembleia da República-Transpõe para a ordem jurídica interna a Directiva n.º 2006/24/CE, do Parlamento Europeu e do Conselho, de 15 de Março, relativa à conservação de dados gerados ou tratados no contexto da oferta de serviços de comunicações electrónicas publicamente disponíveis ou de redes públicas de comunicações

For the investigation, detection and prosecution of serious crime

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Romania

yes, but declared unconstitutional

APTI Comisariatul pentru Societatea Civila

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Slovakia

yes

12 months, 6 months for Internet services

Reported: many

For the prevention, investigation, detection and prosecution of criminal offences

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Slovenia

yes, as of 12/04/2008 (Internet 13/01/2010)

14 months, 8 months for Internet data

Reported: Zakon o spremembah in dopolnitvah Zakona o elektronskih komunikacijah. Zakon; Uradni list RS , no.: 129/2006 , date pub: 12/12/2006 , page: 14113-14128 ; date into force/en vigueur: 27/12/2006 ; ref.: (MNE(2007)50469)

For ensuring national security, constitutional regulation and the security, political and economic interests of the state and for the purpose of national defence

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Spain

yes, as of 09/11/2007

12 months; can be reduced or extended to a minimum of 6 months and a maximum of 24 months, on request of the compentent authorities

Reported: LEY 25/2007, de 18 de octubre, de conservación de datos relativos a las comunicaciones electrónicas y a las redes públicas de comunicaciones. Ley , no.: 25/2007; Boletín Oficial del Estado ( B.O.E ) , no.: 251/2007 , date pub: 19/10/2007 , page: 42517-42523 ; date into force/en vigueur: 08/11/2007 ; ref.: (MNE(2007)57464)

None

None

None

None

None

None

same as the Directive: telecomunications providers; los operadores que presten servicios de comunicaciones electrónicas disponibles al público o exploten redes públicas de comunicaciones (art.2)

All Police/Security forces when acting under an order of the Attorney General or Courts of Justice Miembros de las Fuerzas y Cuerpos de Seguridad del Estado, cuando desempeñen funciones de Policia Judicial (art.6.2.a) Funcionarios de la Dirección Adjunta de Vigilancia Aduanera, en el desarrollo de sus competencias como policía judicial (art.6.2.b) El personal del Centro Nacional de Inteligencia en el curso de investigaciones de seguridad sobre personas o entidades (art.6.2.c) For the detection, investigation and prosecution of the serious crimes considered in the Criminal Code or in the special criminal laws

None (as yet)

Access Info Europe (http://www.access-info.org/en/civil-liberties)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Sweden

no

New Renaissance

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

United Kingdom

yes, as of 26/07/2007 (Internet 06/04/2009)

12 months

Reported: The Data Retention (EC Directive) Regulations 2007. Statutory instrument (SI) , no.: Statutory Instrument 20; Her Majesty's Stationery Office (HMSO) , no.: ISBN 978 0 11 078328 4 ; date into force/en vigueur: 01/10/2007 ; ref.: (MNE(2007)57200) The Data Retention (EC Directive) Regulations 2009. Statutory instrument (SI), number: 2009 no 859; Official Journal: Her Majesty's Stationery Office (HMSO), number: SI 2009 no 859, Entry into force: 06/04/2009; Reference: (MNE(2010)53135)

For the investigation, detection and prosecution of serious crime

Non-EU- State

Data retention implemented ?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Iceland

yes

Telecommunication Act 81/2003 (as amended in April 2005)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Liechtenstein

yes

6 months

Telekommunikationsgesetz (2006)

Member State

EU directive transposed?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Norway

yes, as of April 2012

6 months

planned

digitaltpersonvern.no

Non-EU-State

Data retention implemented ?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Switzerland

yes, as of 2002

6 months

Article 15 Bundesgesetz vom 6. Oktober 2000 betreffend die Überwachung des Post- und Fernmeldeverkehrs (BÜPF), in force 1 Jan 2002 Verordnung vom 31. Oktober 2001 über die Überwachung des Post- und Fernmeldeverkehrs (VÜPF), in force 1 Jan 2002

Buyers of prepaid mobile phone cards must be identified and registered by ID document (name, address, date of birth)

operators of fixed line and mobile telephony, public ip-based telecommunications services

no

Non-EU-State

Data retention implemented ?

Data Retention Period

Legal instruments and date of entry into force

Data to be retained beyond the directive's requirements: fixed line telephony

Data to be retained beyond the directive's requirements: mobile telephony

Data to be retained beyond the directive's requirements: E-Mail

Data to be retained beyond the directive's requirements: Internet access

Data to be retained beyond the directive's requirements: Internet telephony

Data to be retained beyond the directive's requirements: other

Who is compelled to retain data?

Who is authorised to access retained data and for what purposes?

Legal challenges pending?

Competent NGO

Turkey

Censorship & Data retention regulated by Law 5651 in 2007

6 months to 2 years

Law 5651: Law for regulating publications made on the domain of Internet and fighting crimes made through these publications, in force 4 May 2007 Law 5397: Law for modifying some other laws, in force 3 July 2005

Phone lines are tapped by police and used as 'evidence' for prosecuting activities vaguely associated with 'terrorist organizations', based on anti-terror law TMK.

Mobile phones are tapped for the same reason. They also secretly record 'audio surveillance' from meetings of legal parties, unions, even mayor's office, state institutions.

E-mails can also be used as 'evidence', but not used as much as audio surveillance and phone tapping, yet. ICTA develops DPI systems, considers it 'state secret'.

Law 5651 requires every ISP to block any illegal content of any user upon being informed, if technically possible. It has to inform ICTA 3 months before closing down, and give the traffic records to ICTA (state authority)

Same with e-mail. Yet to come.

MOBESE is the system of police department where they collect all kinds of data for every citizen. They randomly make 'identity controls' on the street. Officers gain 'points' for doing so.

Internet service providers, GSM operators. internet publishers, if they don't want to take responsibility.

'Data protection law' is being 'prepared' for over 10 years, so god knows who. Law 5397 authorizes the national intelligence agency MIT to request data and documents about "issues in its field of duty"

Social challenges pending! More so than legal challenges.

Alternative Informatics Association english presentation in CCC

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See also

• European Commission: National provisions on data retention communicated by the member states
• European Commission: Evaluation report, April 2011
• Ludwig Boltzmann Institut für Menschenrechte: Rechtsvergleichende Analyse im Hinblick auf die Umsetzung der Richtlinie 2006/24/EG über die Vorratsdatenspeicherung (in German: details on data retention in BE, DK, DE, FR, GR, GB, IR, IT, NL, PT, ES, SE, CZ as of 2008-03-10)
• German Ministry of Justice: Übersicht zum Umsetzungsstand und zu Gerichtsverfahren (2009-11-27)
• Article 29 Working Party: Analysis of implementation of data retention in EU member states (2010-07-13)
• European Commission: Overview of Data Retention Periods Per EU Country (2010-08-02)
• European Commission: Progress Report on the Single European Electronic Communications Market (15th Report) (2010-08-25) including data retention
• EPIC: Implementation of Dir. 2002/58 in EU Member States