Overview of national data retention policies
Version vom 12. Juli 2008, 10:04 Uhr von Wir speichern nicht! (Diskussion | Beiträge)
Please update this table by entering information on data retention in your country:
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:
|
Directive's requirements:
|
Directive's requirements:
|
Directive's requirements:
|
Directive's requirements:
|
- |
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 |
|
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 | No. Legislation pending in Senate as of 12 July 2008. |
12 months proposed. |
location data during phone call. |
||||||||||
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: