EDRI: "Denmark: Data retention is here to stay despite the CJEU ruling"
04 Jun 2014 Denmark: Data retention is here to stay despite the CJEU ruling <http://edri.org/denmark-data-retention-stay-despite-cjeu-ruling/> By Heini Järvinen Following the Court of Justice of the European Union (CJEU) ruling on 8 April 2014, which declared the data retention directive 2006/24/EC invalid, the Danish parliament asked the government about the implications for the Danish data retention law. On 2 June 2014, the government presented its response in a 30-page legal analysis and at a meeting in the Justice Committee of the parliament. The Danish data retention law was passed by parliament in June 2002, so there is no direct reference to the data retention directive. The specific rules were delayed until September 2006, with effect from 15 September 2007, in part because of technical difficulties with specifying workable data retention rules. One of the difficulties faced at the time was that of ensuring that the rules included the requirements of the EU directive. The Danish law exceeds the requirements of the invalid data retention directive in several respects, especially as far as internet data retention is concerned. The Danish law contains a requirement for session logging which includes data about every 500th internet packet transmitted, specifically source and destination IP addresses and port numbers, as well as a timestamp for the packet. The retention period is one year for all telephone and internet data. The conclusion of the legal analysis from the Danish Ministry of Justice is that the Danish retention law is not affected by the CJEU ruling on 8 April. This is based on a very narrow interpretation of the CJEU ruling, as explained below. [...] Continua qui: http://edri.org/denmark-data-retention-stay-despite-cjeu-ruling/
la cosa più sconvolgetene, se la sintesi EDRI è fedele (e non ho dubbi in proposito), è che 2014 si racconta ancora la favola della data retention come elemento che avrebbe impedito gli attacchi del c.d. 11/9. A tal punto da dire che serve un anno sulla base del fatto che l'attentato fu preparato con sei mesi di anticipo. Meno male che manca una maggior conoscenza storica altrimenti pensando alla Guerra dei trent'anni chissà quale conclusioni si sarebbero tratte! A. On Thu, 05 Jun 2014 15:31:47 +0200 "J.C. DE MARTIN" <demartin@polito.it> wrote:
04 Jun 2014
Denmark: Data retention is here to stay despite the CJEU ruling <http://edri.org/denmark-data-retention-stay-despite-cjeu-ruling/>
By Heini Järvinen
Following the Court of Justice of the European Union (CJEU) ruling on 8 April 2014, which declared the data retention directive 2006/24/EC invalid, the Danish parliament asked the government about the implications for the Danish data retention law. On 2 June 2014, the government presented its response in a 30-page legal analysis and at a meeting in the Justice Committee of the parliament.
The Danish data retention law was passed by parliament in June 2002, so there is no direct reference to the data retention directive. The specific rules were delayed until September 2006, with effect from 15 September 2007, in part because of technical difficulties with specifying workable data retention rules. One of the difficulties faced at the time was that of ensuring that the rules included the requirements of the EU directive. The Danish law exceeds the requirements of the invalid data retention directive in several respects, especially as far as internet data retention is concerned. The Danish law contains a requirement for session logging which includes data about every 500th internet packet transmitted, specifically source and destination IP addresses and port numbers, as well as a timestamp for the packet. The retention period is one year for all telephone and internet data.
The conclusion of the legal analysis from the Danish Ministry of Justice is that the Danish retention law is not affected by the CJEU ruling on 8 April. This is based on a very narrow interpretation of the CJEU ruling, as explained below.
[...]
Continua qui: http://edri.org/denmark-data-retention-stay-despite-cjeu-ruling/
-- Avv. Alessandro Mantelero, PhD Aggregate Professor, Politecnico di Torino Director of Privacy and Faculty Fellow, Nexa Center for Internet and Society Visiting Fellow, Oxford Internet Institute Research Consultant, Sino-Italian Research Center for Internet Torts at Nanjing University of Information Science & Technology Programme Coordinator, Double Degree program in Management and IP Law, Politecnico di TorinoTongji University of Shanghai http://staff.polito.it/alessandro.mantelero Politecnico di Torino Corso Duca degli Abruzzi, 24 10129 Torino - Italy in libertate fortitudo
participants (2)
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Alessandro Mantelero -
J.C. DE MARTIN