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Due to the increasing amount of downvotes, I wanted to provide you with some EU legislation. [1] There is also a reddit thread asking the same question [2] D
by terminalcommand 8y ago
Due to the increasing amount of downvotes, I wanted to provide you with some EU legislation. [1]
There is also a reddit thread asking the same question [2]
DIRECTIVE 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2006
on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
Some citations from the preamble showing the purpose of data retention
On 13 July 2005, the Council reaffirmed in its declaration condemning the terrorist attacks on London the need to adopt common measures on the retention of telecommunications data as soon as possible.
Given the importance of traffic and location data for the investigation, detection, and prosecution of criminal offences, as demonstrated by research and the practical experience of several Member States, there is a need to ensure at European level that data that are generated or processed, in the course of the supply of communications services, by providers of publicly available electronic communications services or of a public communications network are retained for a certain period, subject to the conditions provided for in this Directive.
The citations of the corresponding paragraphs:
Article 3 para. 2 (data necessary to trace and identify the source of a communication):
The obligation to retain data provided for in paragraph 1 shall include the retention of the data specified in Article 5 relating to unsuccessful call attempts where those data are generated or processed, and stored (as regards telephony data) or logged (as regards Internet data), by providers of publicly available electronic communications services or of a public communications network within the jurisdiction of the Member State concerned in the process of supplying the communication services concerned. This Directive shall not require data relating to unconnected calls to be retained.
Article 5 Categories of data to be retained
para. 1/a/2
concerning Internet access, Internet e-mail and Internet telephony:
(i)the user ID(s) allocated;
(ii) the user ID and telephone number allocated to any communication entering the public telephone network;
(iii) the name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication;
Article 5 para. 1/b/2 ( data necessary to identify the destination of a communication):
concerning Internet e-mail and Internet telephony:
(i) the user ID or telephone number of the intended recipient(s) of an Internet telephony call;
(ii) the name(s) and address(es) of the subscriber(s) or registered user(s) and user ID of the intended recipient of the communication;
Article 5 para 1/c/2 data necessary to identify the date, time and duration of a communication:
concerning Internet access, Internet e-mail and Internet telephony:
(i) the date and time of the log-in and log-off of the Internet access service, based on a certain time zone, together with the IP address, whether dynamic or static, allocated by the Internet access service provider to a communication, and the user ID of the subscriber or registered user;
(ii) the date and time of the log-in and log-off of the Internet e-mail service or Internet telephony service, based on a certain time zone;
Note: Legislation is said to be anulled in 2014 by the European Court of Justice. [3] I don't know how EU legislation works. But many countries adapted the regulation in their national law. The EU anulment doesn't automatically change the regulations in other legislations. For more info on how data retention is implemented in different countries, you could look at the wikipedia link jacquesm provided.
[1] Link to the directive: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006L0024&from=EN https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...
[2] Link to the reddit thread: https://www.reddit.com/r/VPN/comments/7x07am/if_a_vpn_doesnt_keep_logs_why_does_it_matter_if/ https://www.reddit.com/r/VPN/comments/7x07am/if_a_vpn_doesnt...
[3] Decision of the anulment of the directive: http://curia.europa.eu/juris/liste.jsf?language=en&num=C-301/06 http://curia.europa.eu/juris/liste.jsf?language=en&num=C-301...
- ithkuil 8y agoI didn't dowvote, but my guess for why some have would be: > in most legal systems they do not need any warrant to request this data. From a quick read of your law extract, it doesn't seem to cover that aspect of your original claim (and if it does, I'd warmly suggest you highlighted the controversial bit for those who like me have a hard time grokking through such a long text)
- Retric 8y agoRequest does not compel compliance the way a warrant does. Law enforcement is generally allowed to request just about anything just like everyone else.
- gnode 8y agoIn the UK at least, authorities can access data without a warrant. https://en.wikipedia.org/wiki/Investigatory_Powers_Act_2016#Authorities_allowed_to_access_Internet_connection_records https://en.wikipedia.org/wiki/Investigatory_Powers_Act_2016#...
- mirimir 8y agoAfter the CJEU declared the DRD invalid in 2014, the UK enacted the Data Retention and Investigatory Powers Act (DRIPA).[0] The CJEU annulled that in 2016, and the UK proposed amendments.[1] However, in January 2018, the court ruled those amendments insufficient.[2] I'm not aware of further developments, and I expect that I'd have seen anything relevant on Wilders, but please do share if I've missed something. 0) http://www.legislation.gov.uk/ukpga/2014/27/contents/enacted http://www.legislation.gov.uk/ukpga/2014/27/contents/enacted 1) https://www.theguardian.com/technology/2017/nov/30/police-to-lose-phone-and-web-data-search-authorisation-powers https://www.theguardian.com/technology/2017/nov/30/police-to... 2) https://www.theguardian.com/uk-news...ruled-unlawful-appeal-ruling-snoopers-charter https://www.theguardian.com/uk-news...ruled-unlawful-appeal-...
- terminalcommand 8y ago