Abstract

http://ssrn.com/abstract=1683284
 


 



Communications Data Retention in an Evolving Internet


Ian Brown


University of Oxford - Oxford Internet Institute

July 5, 2010

International Journal of Law and Information Technology, Vol. 19, No. 2, pp. 95-109

Abstract:     
The 2006 Data Retention Directive requires EU-based Internet Service Providers to store information on customers and their online communications. The Directive is being reviewed by the European Commission, and has been criticised in a number of recent national constitutional court judgments due to its impact on privacy. It is now being considered by the European Court of Justice. This article describes the likely impact on data retention of further developments in Internet usage, technology and law. It outlines the increasing use of private networks and member community sites that are not subject to the Directive, and the changes in surveillance technology and practice that some member states have proposed in response. It concludes by analysing the key factors to be taken into account in the EC and ECJ reviews, and suggests more proportionate and effective mechanisms for preserving appropriate law enforcement access to communications data.

Number of Pages in PDF File: 13

Keywords: privacy, surveillance

JEL Classification: K14, K42, L96, O33

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Date posted: September 27, 2010 ; Last revised: February 1, 2014

Suggested Citation

Brown, Ian, Communications Data Retention in an Evolving Internet (July 5, 2010). International Journal of Law and Information Technology, Vol. 19, No. 2, pp. 95-109. Available at SSRN: http://ssrn.com/abstract=1683284

Contact Information

Ian Brown (Contact Author)
University of Oxford - Oxford Internet Institute ( email )
1 St. Giles
University of Oxford
Oxford, OX1 3JS
United Kingdom
HOME PAGE: http://www.oii.ox.ac.uk/people/?id=117
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