Mandatory Data Retention Laws in the European Union

Likewise, every other country European Union has also imposed mandatory data retention laws on the users of different countries. Due to the increasing misuse of the internet and communication devices, many EU member states complain that these things are resulting in more criminal activities. The data retention laws imposed by the European Union is a perfect example of preserving data within a legal context.

How the DRD was formed in EU:

Due to the increasing misuse of the internet and communication devices, many EU member states complain that these things are resulting in more criminal activities. The data retention laws imposed by the European Union is a perfect example of preserving data within a legal context. The terror attacks in Madrid (2004) and London (2005) compelled the European Union to form Data Retention Directives (DRD). The prime objective behind it was to help the Member States in investigation and tribunal of serious crime and terrorism.

General Law:                                                

In 2006, the European Union following the strict and controversial commands of data retention adopted the mandatory data retention laws. Under this directives, all the Internet Service Providers (ISP) and other telecom companies functioning in Europe were forced to obtain and store the user’s data and personal information. This includes the records of the user’s call history, IP address, data location, and other network data for at least six months to two years.

The Data Retention Directives (DRD) are enforced on all citizens of Europe. A suggestion with a hope of acceptance was forwarded by the Government of U.S.A and UK. Under this plan, it was decided that all the ISPs and telecommunication services were compelled to store the user’s network data. This means they were forced to keep a record with whom the users communicate via emails, messages, and phone calls. This also includes the time duration of calls, SMS, and emails along with the user’s whereabouts. When required at certain times the retained data is also provided to the bureaucrats and law administrators.

How the Other EU States Reacts Towards It?   

There are 17 countries within the European Union who have transferred the orders of data retention towards the national legislation. In addition, there are countries like Serbia and Iceland who have mandatory data retention laws, however, there are other countries where the courts have regarded these laws an abuse and defilement to human rights and have recognized them as unconstitutional.

There are countries which are fighting in this cause. Countries like Romania, Greece, Germany, Cyprus and the Czech Republic are struggling to enforce the Data Retention Directives. The DRD was enforced in Bulgaria, Romania and Cyprus but sooner or later they were recognized as unconstitutional by the courts.

In the Czech Republic, the DRD was cancelled by the constitutional laws in March 2011. Similarly, in Lithuania, these dictates were declared unconstitutional before the laws were going to be applied. However, in Hungary, the DRD is still been officially examined by the court. There are many EU member states who have shown their unwillingness and refusal of these directives. In this regard, Germany and Sweden are delaying the enforcement of DRD’s.

Upon delaying the DRD, the European Commission have alluded Sweden in the courts for neglecting and delaying the implementation of the laws. An NGO in Slovakia ‘’European Information Society Institute’’ has also opposed the imposition the DRD in the country.

The Commission Evaluation Report:

In April 2011, the Commission Evaluation Report regarding the DRD was made available. In the report, the European States was much-admired for backing up the DRD. Moreover, the report also showed confidence that EU should continue to maintain and support the mandatory data retention laws. However, it was also stated that EU should improve to help the workforces from fronting with the hurdles in the Internal Market. Furthermore, EU should be more cautiousness towards the privacy and safeguarding the data of the individual.

In this report, it was also declared that the Commission would study how EU tactics of data protection might match with data retention. In this regard, between December 2011 and November 2012, an Independent external study on current countries was conducted approaches to data preservation in EU member states and third world. The study was carried out by the Centre for Strategy and Evaluation Studies which concluded that both data retention and data preservation are corresponding and do matches with each other rather than being a different instrument.

The verdict by the CJEU:

The DRD’s was declared as unacceptable and illegal by the Court of Justice of the European Union. The Court was of the opinion that these directives should improve and must provide more security and protection to user’s data. Moreover, the court also contemplates that DRD works under strict conditions, which is to say to fight against solemn crime and for the fortification of public safety and security.

After this declaration by the Court, now the Commission is seriously taking this matter and is watching the growth and progress of DRD by different EU member states at the national level.

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