Overview of national data retention policies

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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:

  1. the calling telephone number;
  2. the name and address of the subscriber or registered user;
  3. 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;
  4. the name(s) and address(es) of the destination subscriber(s) or registered user(s);
  5. the date and time of the start and end of the communication;
  6. the telephone service used;
  7. the calling and called telephone numbers;

Directive's requirements:

  1. the calling telephone number;
  2. the name and address of the subscriber or registered user;
  3. 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;
  4. the name(s) and address(es) of the destination subscriber(s) or registered user(s);
  5. the date and time of the start and end of the communication;
  6. the telephone service used;
  7. the calling and called telephone numbers;
  8. the International Mobile Subscriber Identity (IMSI) of the calling party;
  9. the International Mobile Equipment Identity (IMEI) of the calling party;
  10. the IMSI of the called party;
  11. the IMEI of the called party;
  12. 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;
  13. the location label (Cell ID) at the start of the communication;
  14. 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:

  1. the user ID(s) allocated;
  2. the user ID and telephone number allocated to any communication entering the public telephone network;
  3. 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;
  4. the name(s) and address(es) of the subscriber(s) or registered user(s) and user ID of the intended recipient of the communication;
  5. 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;
  6. the Internet service used;
  7. the calling telephone number for dial-up access;
  8. the digital subscriber line (DSL) or other end point of the originator of the communication;

Directive's requirements:

  1. the user ID(s) allocated;
  2. the user ID and telephone number allocated to any communication entering the public telephone network;
  3. 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;
  4. 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;
  5. the calling telephone number for dial-up access;
  6. the digital subscriber line (DSL) or other end point of the originator of the communication;

Directive's requirements:

  1. the user ID(s) allocated;
  2. the user ID and telephone number allocated to any communication entering the public telephone network;
  3. 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;
  4. the user ID or telephone number of the intended recipient(s) of an Internet telephony call;
  5. the name(s) and address(es) of the subscriber(s) or registered user(s) and user ID of the intended recipient of the communication;
  6. 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;
  7. the Internet service used;
  8. the calling telephone number for dial-up access;
  9. 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 yes   12 months
 Act on Electronic Communications No. 127/2005 Coll. as amended by law 247/2008 Coll.

1. pre-paid phone card identificator

2. public phone box identification (number and geographic position data)






Providers of public communication network or of publicly accessible services of electronic communications

Police, public prosecutors and courts in penal proceedings.

Provisions in Police Act enable to resend the data to Interpol, SIS and Europol or foreign policies in case of "serious danger".

Similar vague backdoor for tranfer of rateined data to intelligence services are in current and also in proposed new Police Act.


In preparation.
 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










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
  1. the police, courts and public prosecutors for the prosecution of crime
  2. the police for the prevention of substantial risks to public safety
  3. 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

No.

Irish government has issued draft transposing measure only. Criticism of draft here.


3 years.
 Secret ministerial direction of April 2002 and Criminal Justice (Terrorist Offences) Act 2005
 All "traffic data" and "location data" within the meaning of Directive 2002/58/EC.
 All "traffic data" and "location data" within the meaning of Directive 2002/58/EC.
 The 2005 Act does not expressly apply to email. However the language used may be wide enough to include it also - if e.g. a mobile phone operator provided an email gateway.
 The 2005 Act does not expressly apply to internet access. However the language used may be wide enough to include it also - e.g. in relation to WAP or GPRS internet access from a mobile phone. The 2005 Act does not expressly apply to VOIP. However the language used may be wide enough to include it also - if e.g. a mobile phone operator provided a VOIP client N/A


Section 61 - "a person who is engaged in the provision of a publicly available electronic communications service by means of fixed line or mobile telephon


Section 64. The police may access for "(a) the prevention, detection, investigation or prosecution of crime (including but not limited to terrorist offences), or (b) the safeguarding of the security of the State."

The army may access for "the safeguarding of the security of the State".

Otherwise the information may be accessed:

(a) at the request and with the consent of the person to whom the data relate,

..

(c) in accordance with a court order,

(d) for the purpose of civil proceedings in any court, or

(e) as may be authorised by the Data Protection Commissioner.

yes, High Courtchallenge brought by DRI[1]

[2]

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












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:

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