Communications Data Retention in an Evolving Internet

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

13 Pages Posted: 27 Sep 2010 Last revised: 1 Feb 2014

Ian Brown

University of Oxford - Oxford Internet Institute

Date Written: July 5, 2010

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.

Keywords: privacy, surveillance

JEL Classification: K14, K42, L96, O33

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: https://ssrn.com/abstract=1683284

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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