There has been a worldwide movement to increase government-sponsored monitoring of the masses. Data retention or data preservation, which refers to the collection and long term storage of communication information, has become a common practice in countries around the world. In some countries, especially the stored data reminds basic contextual phone records - which was called, when they were called and how long was the call. But in other countries, data retention laws are draconian compelling mobile applications and ISPs to keep browsing history Web and Internet connection lengths for more than five years.
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The purpose of this mass surveillance on citizens and expatriates is no surprise to the fight against crime and against domestic terrorism. But how will the civil right to privacy stop paying the price for national security? Depending on the nation and its laws, the records are stored anywhere from 10 weeks to 10 years, with the idea that members of the security forces might need to use the data at a later date. .. perhaps. Yet in its present state, the stored data is completely unnecessary assisting officials of law enforcement. Continue reading ...
the contents of this article are intended to provide a general guide to the subject. Specialist advice should be sought about your specific circumstances.
the Directive on data retention
in an attempt to find harmony in the different data retention laws of the Member States of the European Union, the European Parliament and Council adopted Directive mandatory data retention. Formally known as Directive 06/24 / EC, the legislature required all 28 EU Member States to transpose the provisions in the Directive in the national legislature. The DRD requires Member States to ensure that communications providers retain the following communication information for a period of between six months and two years to:
- track and identify the source a communication
- track and identify the destination of a communication
- identify the date, time and duration of a communication
- identify the type of communication
- identify the communication device
- identifying the location of the mobile communication equipment.
data were also required to be available for the national authorities "competent", "the purpose of the investigation, detection and prosecution of serious crime, as defined by each state member in its national law. "
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Whereas the original Directive came into force in 06, the law was shot in more than ten Member States and was eventually overturned by the European Court of Justice in 2014. However, in 14 Member States of the European Union, the mandatory data retention laws transposed the Directive on data retention are still in force. Now, in early 2016, we thought it was more appropriate to examine the shortcomings of data retention laws from a viewpoint worldwide and significantly vary the each other.
Sources
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http://www.statewatch.org/news/2015/oct/eu-eurojust-analysis-ms-data-retention-13085-15.pdf
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http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52011DC0225
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https://www.eff.org/files/filenode/dataretention/20110418_data_retention_evaluation_en_0.pdf
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http://eulawanalysis.blogspot.com/2014/04/implementation-of-data-retention.html
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https://radiobruxelleslibera.wordpress.com/2014/06/27/data-retention-down-in-austria/
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http://wiki.vorratsdatenspeicherung.de/Transposition
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https: / /www.eff.org/issues/mandatory-data-retention
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http://www.laquadrature.net/en/in-france-la-quadrature-du-net-brings-legal-challenge-against-mass-surveillance
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https://www.accessnow.org/data-retention-update-the-global-battle-to-stop-data-stockpiling-continues/
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https://www.openrightsgroup.org/assets/files/legal/Data_Retention_status_table_updated_April_2015_uploaded_finalwithadditions.pdf
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http://www.ucopia.com/wp-content/uploads/2015/07/UCOPIA_LegalHandbook_EN_2015.pdf
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http://www.statewatch.org/news/2015/oct/eu-eurojust-analysis-ms-data-retention-13085-15.pdf
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http://www.statewatch.org/news/2015/nov/data-retention-discussions.htm
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http://www.out-law.com/en/articles/2015/december/most-eu-countries-favour-new-harmonised-data-retention-laws/
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