Data Retention Directive

The Data Retention Directive 2006/24/EC (pdf) is now available. However, according to latest news reports, the US has taken an interest in the Directive. What is unclear is whether they will follow the EU's example.

In the meantime, it will be worth reading the Data Retention Directive. At first glance, the Directive should be implemented by 15 September 2007 (Article 15). The application of the Directive to the retention of communications data relating to internet access, internet telephony and email can be postponed by each member state until 15 March 2009. Art. 15(3) provides as follows:

Until 15 March 2009, each Member State may postpone application of this Directive to the retention of communications data relating to Internet Access, Internet telephony and Internet e-mail. Any Member State that intends to make use of this paragraph shall, upon adoption of this Directive, notify the Council and the Commission to that effect by way of a declaration. The declaration shall be published in the Official Journal of the European Union.

See also:

• Art. 29 Working Party Opinion 3/2006 on the Directive 2006/24/EC of the European Parliament and of the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (pdf)