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Telecommunication data retention

Implementing a flawed data retention directive?

13 July, 2011
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This article is also available in:
Deutsch: Müssen wir eine unkorrekte Vorratsdaten-Richtlinie umsetzen?


While the future of data retention seems unclear, in Germany conservative MPs are pressing the Justice Ministry to bring the legislation in line with the current text of the directive, while liberals and greens tend towards a restriction of the information storage.

In March 2010, the German Constitutional Court ruled as void the national law transposing the directive which was proposing the storage of data for six months and ordered the destruction of the already collected data.

Traffic data fraudulently obtained by the Czech police

29 June, 2011
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This article is also available in:
Deutsch: Tschechien: Polizei verschafft sich illegal Zugang zu Verkehrsdaten


An inspection of the Czech Interior Ministry has revealed that police detective Marian Hudec from Varnsdorf was gaining phone call statements including those of President Vaclav Klaus´s closest aides as well as those of Constitutional Court Chairman Pavel Rychetsky.

According to MfD paper, Hudec obtained the numbers of some prominent people and wrote to the judge that he did not know the owners of the mobile numbers, but that he was working on order and the numbers obtained were linked to the i

New draft law for data retention in Romania

29 June, 2011
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This article is also available in:
Deutsch: Neuer Entwurf zur Vorratsdatenspeicherung in Rumänien


The Romanian Ministry of Information Society and Communication (MCSI) submitted, for public comments, on 23 June 2011, a new draft law for the implemention of the EU data retention directive, after the Romanian Constitutional Court decided on 7 October 2009 that the Romanian law was unconstitutional.

The explanation for the new text is merely a copy&paste from former documents.

Germany: Police statistics prove data retention superfluous

15 June, 2011
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This article is also available in:
Deutsch: Deutschland: Kriminalstatistik entlarvt Vorratsdatenspeicherung als ü...


The national crime statistics recently published by Germany's Federal Crime Agency reveal that after the policy of blanket telecommunications data retention was discontinued in Germany due to a Constitutional Court ruling on 3 March 2010, registered crime continued to decline and the crime clearance rate was the highest ever recorded (56,0%). Indiscriminate and blanket telecommunications data retention had no statistically relevant effect on crime or crime clearance trends.

European Commission consults with civil society on data retention

15 June, 2011
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This article is also available in:
Deutsch: Vorratsdatenspeicherung: Europäische Kommission berät sich mit Zivil...


Last week, the European Commission held the first of its series of consultation meetings with different groups of stakeholders on the revision of the infamous Data Retention Directive.

EDPS: Data Retention Directive fails to meet data protection requirements

1 June, 2011
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This article is also available in:
Deutsch: EDSB: Richtlinie zur Vorratdatenspeicherung wird Datenschutzanforderun...


Peter Hustinx, the European Data Protection Supervisor (EDPS) adopted, on 31 May 2011, an opinion on the European Commission's Evaluation Report on the Data Retention Directive submitted on 18 April 2011 to the Council and the European Parliament.

The EDPS has several times expressed his concerns related to the necessity for retaining data on such a large scale in view of the rights to privacy and data protection and has called for a clear demonstration that such a measure is necessary and proportionate.

On the basis of the Commissions' Evaluation Report, the EDPS has drawn the conclusion th

Data retention in EU Council Meeting

18 May, 2011
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This article is also available in:
Deutsch: EU-Ministerrat diskutiert Vorratsdaten


The EU Council Working Group of Justice and Home Affairs had a first discussion on 12 May 2011 on the European Commission implementation report on the data retention directive.

The Commission agreed that the implementation has been uneven, both in terms of retention periods, as well as in respecting data protection principles. The working group discussed issues related to a common definition of "organised crime", that was opposed by some, on the basis of infringing the rights of Member States to govern their own affairs on entirely internal processes ("subsidiarity").

Thi

Data Retention has arrived in Austria

4 May, 2011
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This article is also available in:
Deutsch: Vorratsdatenspeicherung erreicht Österreich


While the Czech Constitutional Court has recently declared the national data retention legislation unconstitutional, the Legal Services of the German Bundestag has found it impossible to ensure the legality of the Data Retention Directive and the European Commission itself still struggles to prove the necessity and proportionality of the Directive, the Austrian Parliament adopted on 28 April 2011 the pending regulations necessary for the implementation of the EU Data Retention Directive in Austria.

In the respective parliamentary session, the Coalition Government primarily plan

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