The Minister examines whether new data retention shelf life

The Minister examines whether new data retention shelf life

Photo: 123RF

The ministry of Security and Justice will examine whether the proposal for a new data retention of telecommunications, that an old law should be replaced, yet shelf after a recent ruling of the European Court of Justice.

Telecom providers were in the Netherlands to 2015 required to have data on their customers to save. It was, inter alia, to ‘metadata’ about contact between phone numbers, ip addresses and location information of smartphone users.

In 2014 decided the European Court of justice held that the European data retention went too far. A year later confirmed a court in The Hague that there is also a line through the Dutch law had.

Last year, the cabinet sent a new version of the bewaarplichtwet to the Chamber, in which additional safeguards were introduced. A judge, for example, must give permission before data may be viewed, and entries should be made on European territory to be saved.


In december 2016, then followed a new ruling by the European Court, which decided that a general data retention is not allowed. There may be data to be stored that can be used in the fight against crime, but targeted and temporary to happen. The Court gave no exact criteria where a data retention must comply, but according to several experts, the new Dutch proposal does not meet the requirements.

Minister Stef Blok (Security and Justice) writes Friday to the Second Room that he is the consequences of the decision further examination, in consultation with law enforcement agencies, the Public Prosecutor and other EU member states. “The judgment is not only of great importance for the Netherlands but also for the other member states of the European Union”, writes the minister.

It is unclear how long this investigation will last, but for now it seems to continue treatment of the bill of the job.

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