Out-Law / Your Daily Need-To-Know

The Dutch presidency of the EU has tweaked a set of draft rules for the mandatory retention of data by telcos and ISPs, proposing a minimum period of 12 months and leaving any maximum limit to the discretion of Member States.

The 13-page document revises a proposal for a so-called Framework Decision that was first made by the UK, France, Ireland and Sweden. The original also proposed the 12 month minimum, but placed a cap on retention at 36 months for law enforcement purposes.

The revised version also has an exception to the minimum retention period, inviting Member States to set shorter periods for certain data types.

The retention plan relates to communications data – which include subscriber details, billing data, e-mail logs, personal details of customers and records showing the location where mobile phone calls were made. It does not cover the content of any communications.

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