Sponsored Links
This presentation is the property of its rightful owner.
1 / 7


  • Uploaded on
  • Presentation posted in: General

EUROPEAN COMMISSION. The EU and Data Retention Data Retention Meeting London, 14 May 2003 Philippe GERARD, DG Information Society The positions expressed are those of the author and do not necessarily represent the views of the Commission. State of play in the EU. National laws or plans

Download Presentation


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript

European commission


The EU and Data Retention Data Retention MeetingLondon, 14 May 2003Philippe GERARD, DG Information SocietyThe positions expressed are those of the authorand do not necessarily represent the views of the Commission

State of play in the eu

State of play in the EU

  • National laws or plans

  • Directive 2002/58/EC on Privacy and Electronic Communications

    • updating and replacing current 97/66/EC Directive)

  • Recent EU developments e.g.:

    • Commission’s 8th implementation Report 3 Dec 2002 (COM 2002 (338))

    • JHA Council Conclusions of 19 December 2002 on IT and organised crime

    • see also: Data Protection Working Party’s Opinions (see in particular 5/2002)

Data retention under ec law

Data retention under EC law

  • Limits: ‘First’ pillar (EC Treaty) v. ‘Third’ pillar (EU Treaty)

  • Main sources of EC law

    • General principles of Community law e.g. proportionality

    • European Convention on Human Rights ( e.g Arts 8 and 10 ECHR)

    • EU Charter of Fundamental Rights (see Art 8 on personal data protection)

    • The ‘general’ DP Directive 95/46/EC, and the ‘specific’ DP Directive 2002/58/EC

The directive on privacy and electronic communications directive 2002 58 ec

The Directive on Privacy and Electronic CommunicationsDirective 2002/58/EC

  • Confidentiality requirements (Art 5)

  • Security requirements (Art 4)

  • Rules on traffic data (Art 6)

  • ‘Public order derogations’ (Art 15 (1))


    Data retention measures NOT required NOR authorised by the Directive

    Margin for Member States

    BUT if a given MS adopts such measures, they must be in line with Directive 2002/58/EC

Two tests under article 15 1

Two ‘tests’ under Article 15 (1)

  • Data retention and the internal market

    • Proportionality e.g. burden on operators, cost

    • Avoid as much as possible a patchwork of national laws

  • Data retention and Human Rights

    • Specific, listed purposes

    • Necessity, appropriateness and proportionality in a democratic society

    • Adequate safeguards

    • Legislative measures

    • Limited period of time

Issues for discussion

Issues for discussion

  • Current levels of availability of traffic data for business purposes

    • Look at the various services and business models

  • Data retention v. data preservation

    • Where would retention be necessary beyond storage for business purposes and preservation?

      (e.g. industry positions, Article 29 DP Working Party)

  • The data retention period

  • The overall cost to industry and how to address it

    • e.g. hardware, software, security requirements, staff, information to consumers and access by consumers

  • Impact on consumer confidence

Some urls

Some URLs

  • Directive 2002/58/EC:


  • 8th Implementation Report:


  • Documents adopted by the Article 29 Data Protection Working Party:


  • JHA Council Conclusions on IT and organised crime:


  • Login