Resources

List of documents relating to communications data retention in the EU

EU bodies

• Commission: Replies to parliamentary questions on data retention
• Cecilia Malmström: Letter to NGO dated 7 October 2010 in reply to our Letter dated 3 September 2010 
• DG Infosoc: Letter to NGO dated 6 October 2010 in reply to our Letter dated 3 September 2010
• Commission: Progress Report on the Single European Electronic Communications Market (25 August 2010) containing information regarding the transposition of the data retention directive in each EU Member State
• Commission: Examples of Member States detecting cases of serious crime via data retention (26 July 2010, p. 36)
• Commission: Letter to Member States dated 27 July 2010 asking for more information regarding data retention
  • NGO: Critical comments dated 6 October 2010
• Article 29 Data Protection Working Group: Report 01/2010 on the second joint enforcement action: Compliance at national level of Telecom Providers and ISPs with the obligations required from national traffic data retention legislation on the legal basis of articles 6 and 9 of the e-Privacy Directive 2002/58/EC and the Data Retention Directive 2006/24/EC amending the e-Privacy Directive (13 July 2010)
  • Annex to report
• Cecilia Malmström: Letter to NGO dated 12 July 2010 in reply to the Joint letter of 100 NGOs dated 22 June 2010
• Viviane Reding: Letter to NGO dated 7 July 2010 in reply to the Joint letter of 100 NGOs dated 22 June 2010
• Commission: Draft evaluation report regarding the data retention directive (April 2010)
• Commission: Report of the data retention conference "Towards the evaluation of the data retention directive" on 14 May 2009 (6 July 2009)
• Platform on electronic data retention: Opinions regarding the interpretation of the data retention directive (2009)
• Article 29 Data Protection Working Group: Opinion 3/2006 (25 March 2006) "The Working Party questions whether the justification for an obligatory and general data retention coming from the competent authorities in Member States is grounded on crystal-clear evidence ... The decision to retain communication data for the purpose of combating serious crime is an unprecedented one with a historical dimension. It encroaches into the daily life of every citizen and may endanger the fundamental values and freedoms all European citizens enjoy and cherish."
• EU: Final text of data retention directive (15 March 2006)
• Cecilia Malmström, MEP: Written statement on data retention (14 December 2005)
• European Parliament: Written declarations pertaining to the vote on the data retention directive (14 December 2005)
• European Parliament: Debate on the data retention directive (13 December 2005)
• EDPS: Opinion (29 November 2005)
• European Parliament, LIBE committee: Report (28 November 2005)
• Alexander Alvaro: Draft LIBE report (19 October 2005) exempting Internet data
• European Parliament: Resolution (27 September 2005) rejecting the proposed framework decision
• Commission: Impact assessment (21 September 2005)
• Commission: Draft data retention directive (21 September 2005)
• Cecilia Malmström, MEP: Comment on data retention (7 September 2005)
• European Parliament, LIBE committee: Report (31 May 2005) rejecting the proposed framework decision
• Alexander Alvaro: Draft LIBE report (18 April 2005) 
• Article 29 Data Protection Working Group: Opinion 4/2005 (21 October 2005) "The routine, comprehensive storage of all traffic data, user and participant data proposed in the draft decision would make surveillance that is authorised in exceptional circumstances the rule. This would clearly be disproportionate."
• Article 29 Data Protection Working Group: Opinion 5/2002 (11 October 2002) "The European Data Protection Commissioners have repeatedly emphasized that such retention would be an improper invasion of the fundamental rights guaranteed to individuals by Article 8 of the European Convention on Human Rights, as further elaborated by the European Court of Human Rights (see Opinion 4/2001 of the Article 29 Working Party established by Directive 95/46/EC, and Declaration of Stockholm, April 2000)."

Responses to 2009 EU consultation on data retention

• Data protection agencies
  • Cyprus
  • Finland
  • Germany
  • Greece
  • Italy
  • Latvia
  • Lithuania
  • Malta
  • Netherlands
  • Portugal
  • Rumania
  • UK
• Governments
  • Austria
  • Belgium
  • Bulgaria
  • Czech Republic
  • Cyprus
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Ireland
  • Latvia
  • Lithuania
  • Norway
  • Poland
  • Portugal
  • Romania
  • Spain
  • Sweden
  • Slovakia
  • Slovenia
• Business
  • CableEurope, GSMA Europe, EuroISPA, ECTA and ETNO
  • Cable&Wireless (appendix)
  • Cyta, MTN-Telecommunication, Logosnet
  • KPN
  • Prism
  • Sonaecom
  • TeliaSonera
  • TP S.A., Polkomtel S.A., PTC Sp. z o.o.
  • Wind
• NGOs
  • Arbeitskreis Vorratsdatenspeicherung (english summary)
  • ICRI-K.U.Leuven 

source

Courts

• Irish High Court (5 May 2010) planning to make referral to ECJ
• German Federal Constitutional Court (2 March 2010) declaring implementing legislation to be unconstitutional 
  • NGO: Constitutional complaint filed against German Telecomms Data Retention Act (2007-12-31)
  • NGO: Historic class-action lawsuit filed against telecommunications data collection (2008-02-29)
  • NGO: Data retention in Germany partly suspended by Constitutional Court - NGO demands resignation of... (2008-03-19)
  • German Federal Constitutional Court: Application for a temporary injunction in the matter of "data retention" succeeds in part (19 Mar 2008)
  • NGO: European NGOs ask Court to annul data retention directive (2008-04-08)
  • NGO: Data retention: Second proceeding expected after advocate general's opinion (14-10-2008)
  • German Federal Constitutional Court: Extended application for a temporary injunction in the matter of "data retention" succeeds in part (6 Nov 2008)
  • NGO: After ruling on data retention: activists remain confident (10 Feb 2009)
  • NGO: Administrative Court: Data retention is "invalid" (16 Mar 2009)
  • NGO: After data retention ruling - Civil liberties activists call for political end to data retention (2 March 2010)
• Constitutional Court of Romania: Judgement of 8 October 2009 holding that data retention per se violates human rights
• EU Court of Justice: Action of annulment for lack of legal basis (C-301/06)
  • Ireland 11/07/2006
  • Council 21/09/2006
  • Parliament 28/11/2006
  • Ireland 28/11/2006
  • Council 05/02/2007
  • Parliament 07/02/2007
  • Slovak Republic 19/04/2007
  • Commission 10/05/2007
  • Spain 14/05/2007
  • Netherlands 16/05/2007
  • EDPS 16/05/2007
  • Parliament 17/09/2007
  • Summary
  • EDPS pleadings 01/06/2008
  • Advocate General 14/10/2008
  • Judgement 10/02/2009
• Advocate General: Opinion (18 July 2007) "It may be doubted whether the storage of traffic data of all users without any concrete suspicions – laying in a stock, as it were – is compatible with fundamental rights"

See also

• Materialien - German list of documents regarding data retention
• Transposition - Overview of national implementation of data retention
• DR-FAQ - Questions and answers regarding data retention from a civil liberties perspective
• Statewatch Observatory - The surveillance of telecommunications in the EU