European Union directive | |
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Title | Directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks |
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Made by | European Parliament and European Council |
Made under | Article 95 TEC |
Journal reference | L 105, pp. 54–63 |
History | |
Date made | 15 March 2006 |
Entry into force | 3 May 2006 |
Other legislation | |
Amends | Directive 2002/58/EC |
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The Data Retention Directive (Directive 2006/24/EC), later declared invalid by the European Court of Justice, was at first passed on 15 March 2006 and regulated data retention, where data has been generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. It amended the Directive on Privacy and Electronic Communications. According to the Data Retention Directive, EU member states had to store information on all citizens' telecommunications data (phone and internet connections) for a minimum of six months and at most twenty-four months, to be delivered on demand to police authorities.
Under the directive, the police and security agencies would have been able to request access to details such as IP addresses and time of use of every email, phone call and text message sent or received. There was no provision in the directive that permission to access the data must be confirmed by a court. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid in response to a case brought by Digital Rights Ireland against the Irish authorities and others because blanket data collection violated the EU Charter of Fundamental Rights, in particular the right of privacy enshrined in Article 8(1).[1][2][3]
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