Overview of national data retention policies

Aus Freiheit statt Angst!

Wechseln zu: Navigation, Suche

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
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
  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











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:

Persönliche Werkzeuge
Werkzeuge