XS4ALL requires that retention is quickly curtailed




XS4ALL demanding that the government take measures to limit the retention period. Only people for whom it is strictly necessary to see in the data, there would still be able to. Says the government will not allow, then XS4ALL may start a lawsuit.

XS4ALL logo The provider gives the government until December 31 to meet the requirements, so let lawyer Christiaan Alberdingk Thijm said in a letter to the Cabinet. These are temporary measures, the government is already working on a modification of the retention period. The temporary measures to limit the damage alleged by the retention in the meantime.

XS4ALL requires that only those for whom the “strictly necessary” to see data in order to prevent, detect or prosecute serious crimes may continue to access the data. Also, a magistrate before may give consent; now that is not so. According to XS4ALL state “the current situation clearly at odds with the principles of our democratic constitutional state.

ISP is said to have planned to start a lawsuit, because the company “does not agree with this state of affairs.” However, the provider has decided to respond to the consultation for the new law that keeps the government, coupled with the set of demands to the government. The lawsuit comes as possible anyway if the government does not meet the requirements of XS4ALL.

The European Court of Justice, the European directive on which the retention is based invalidated. The government has promised a new, somewhat constrained retention come, but in the meantime the old retention remains valid, according to the government. Last weekend it was announced that several organizations, including ISP BIT, start a lawsuit to prevent.

The new customized retention of the Cabinet has been curtailed somewhat further. Thus, information may only be realized with the permission of the judge. The retention means that Internet and telecom providers certain information about subscribers, the duration of sessions, the Belgian carrier of phone users and indirectly their location, six months to a year should beat.

According to civil rights organization Bits of Freedom providers have in the meantime no longer work at the data retention. Because the government has admitted that the current retention is contrary to the European Convention on Human Rights, does the law are no longer met, argues the organization; treaties go into the Dutch court over laws. There would be no legal basis more to save the data.


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