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Dutch EU Presidency Amends Draft Data Retention Rules

by Ulrika Lomas, for LawAndTax-News.com, Brussels

25 October 2004


It has emerged that the Dutch presidency of the European Union earlier this month amended draft rules on the retention of communications data by telecoms firms and internet service providers (ISPs).

Communications data does not cover the content of telephone conversations and e-mails, but includes e-mail logs, customer registration details, billing data and mobile phone location information.

Tweaking the Framework Decision put forward by France, Ireland, Sweden and the UK, the Dutch government has proposed a minimum mandatory retention period of 12 months, but has left the upper limit for the retention of communications data for individual member states to decide.

The EU presidency has, however, left the way clear for European governments to set shorter retention periods for certain data types.

Under the initial proposals, the 12 month minimum period was already in place, but a 3 year cap on data retention for law enforcement purposes had been set.


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