Cabinet proposes new retention requirements of judicial review




The Dutch government will introduce a new bill designed to settle the obligation. In March, the judge stated the current data retention ineffective because he did not comply with the European Convention on Human Rights.

The government proposes that a prosecutor who wants to make use of providers preserved by telephone or internet data, need permission from a magistrate. The government states that the extra scrutiny citizens have a guarantee that their privacy is not just affected. Until a judge data retention in March out of action stated, this testing was not there.

Internet providers must keep data six months to go, for telephony data, a period of twelve months. At that time, law enforcement agencies may submit a request to the magistrate to look into criminal suspects of information. Only if there is a suspicion of an offense for which a person may be remanded in custody taken, data retrieval allowed.

The bill is not yet public. The government has sent it to the State Council and will publish it if the bill goes to the new data retention to the House. The proposal comes as no surprise. The government already said shortly after the court ruling that a new data retention would arrive. The government calls the retention requirement “necessary” for detection.


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