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Data Retention

Traffic Data Retention

Cable Europe, together with other network operators' associations, are working within an expert group upon careful implementation of the 2006/24/EC Directive on retention of telecommunications traffic data:

  • The adopted text impose data retention requirements on traffic telephony services and IP services, a broad scope of IP data for e-mail and VoIP services
  • Data retention time: min 6 months, max 24 months
  • Despite repeating calls from operators, no clause on cost reimbursement has been envisaged

7 documents unanimously adopted by the Expert Group "Platform on Electronic Data Retention" were published on the website of DG Justice, Freedom and Security.

 

The documents are:

 

1. Introduction to the Series - introductory paper; EN- Experts Group "Platform on electronic data retention" 3 December 2009; this document introduces three Series of documents: A. Information on the Transposition of Directive 2006/24/EC ; B. Comments on the evaluation and possible review of Directive 2006/24/EC; C. Comments on the evaluation and possible review of Directive 2006/24/EC.

 

2. Series A - Position Paper 1 - Webmail and web-based messaging -- EN- Experts Group "Platform on electronic data retention" 3 December 2009 ; This paper aims to provide analysis and guidance on the application of the Directive under the common scenario where end-users access their e-mail via a web site using a web browser; it does not aim to define Internet e-mail

 

3. Series A - Position Paper 1A - Webmail and web-based messaging - ANNEX - EN -Experts Group "Platform on electronic data retention" 3 December 2009; the annex to Position Paper 1 aims at providing a technical description of how a website uses an Internet e-mail server. It does so by explaining the term "e-mail", and by matching the definitions in the Directive to services that normally relate (to some extent) to e-mail. Specifically it tries to identify where the Directive uses unclear definitions

 

4. Series A - Position Paper 2 - The obligation to retain E-mail logs - when must records of spam E-mails be retained?" EN; FR; DE; ES, IT ( PDF 78 KB) - Experts Group, "Platform on electronic data retention" of June 2009 ; this paper examines the extent to which e-mail service providers may avoid the obligation to retention data in relation to spam E-mails.

 

5. Series A - Position Paper 3 - Closer understanding of the term "Transit Providers" in relation to its application in Directive 2006/24/EC - EN- Experts Group "Platform on electronic data retention" of 3 December 2009; This paper examines which provider needs to retain Internet data according to Directive 2006/24/EC, and especially which the obligations are of transit providers to retain such data on the basis of the rules that apply to providers of electronic communications services.

 

6. Series A - Position Paper 4 - Closer understanding of the term "third party networks and service providers" in relation to its application in Directive 2006/24/EC - EN - Experts Group "Platform on electronic data retention" 10 July 2009; This paper examines the role and responsibilities of third party networks and service providers to retain traffic data and subscriber information with regard to the obligations resulting from Directive 2006/24/EC.

 

7. Series B - Position Paper No 5A - Closer understanding of the term "Internet Telephony" in relation to its application in Directive 2006/24/EC - ANNEX - Impression of technological - and business alternatives with respect to the implementation of voice services on the Internet (Voice over IP or VoIP) - EN- Experts Group "Platform on electronic data retention" 3 December 2009