Dutch retention persists despite European legislation invalid




The retention of telecommunications data persists in the Netherlands, despite the European Court directive which underlies that legislation is invalid. However, the government is making heavier demands on access to data than is currently the case.

According to the Dutch government allowed the retention remain, since the law but based on the now invalid directive has been established, but the Dutch legislation on data retention is therefore not invalidated the Cabinet. “The Dutch legislature has a general power to regulate. The Dutch legislation already contains safeguards that go beyond those of the Data Retention Directive, such as the rules in the Code of Criminal Procedure regarding access to the data,” the Cabinet.

The retention means that providers of all their customers metadata include telephone calls and Internet sessions are to be stored for a certain period so that investigative services they can ask if that should be necessary for a criminal investigation.

To bring the rules are in line with the ruling of the European Court in April, the government will tighten the rules for access to the data. Thus, consulting the data is now possible only with the permission of the magistrate; which now does not even. Moreover, investigative services telecom data duration of a telephone call only to see a year later as people suspected of an offense punishable by imprisonment of at least eight years state. Otherwise, the data to be seen in six months later. Internet data are anyway consult six months.

The government sees the retention as necessary. “Without telecommunications data, the approach of example, jihadists, pornography, robbery, murder and manslaughter in danger or impossible,” the Cabinet.

Not every government in Europe agrees with the view of the Netherlands. If swept Austria retention after the ruling of the Court of table. The Dutch government legislative changes should shortly before the parliament; only after approval of the changes will have the force of law.


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