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

yes, action brought by Ireland

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

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

-

none as yet

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

?

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

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

partial

?

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

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

12 months

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

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

12 months

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

yes

6 months

statute, 1 January 2008

-

-

user IP address upon every checking of the mailbox and every sending or receiving of e-mail

-

-

anonymization services are obliged to retain logs on when they replaced which data by which

providers of publicly accessible telecommunications services for end users

the police, courts and public prosecutors for the prosecution of crime the police for the prevention of substantial risks to public safety secret services for intelligence purposes

yes, several complaints with the Federal Constitutional Court

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

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

yes, Constitutional Court challengebrought 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, High Court challenge brought by DRI

Digital Rights Ireland

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

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

18 months

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

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

partial

6 months

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

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

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

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

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

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

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

24 months, 6 months for Internet 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

Spain

yes

12 months

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

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

partial

12 months

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

Brazil

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

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

...

Please update this table by entering information on data retention in your country:

• edit using text editor
• edit using graphical editor