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
Date Written: July 5, 2010
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: 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