The EU Directive on Data Retention and its Implications for Service Providers

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In March 2006, the European Parliament and the European Council approved the EU Directive on Data Retention. This new legal framework, when adopted by the European Union member states, will require all types of service providers of electronic communications or operators of communications networks to retain traffic and location data generated in providing fixed, mobile and Internet telephony, messaging and Internet access. The purpose of this Directive is to harmonise legislation across the European Union on data retention for the detection, investigation and prosecution of crimes. Such an obligation will have great impact on service providers from the point of view of operations and costs. This impact is analysed in this research service.

Table of Contents

The EU Directive on Data Retention and its Implications for Service Providers, IntroductionOverviewData Retention Regulation in EuropeThe EU Directive on Data Retention and its Implications for Service Providers, Current Legislation in EuropeExisting LegislationOverviewNational LegislationThe United KingdomItalyFranceThe EU Directive on Data Retention and its Implications for Service Providers, EU Directive on Data RetentionRegulating Data Retention in the European UnionScope of Directive 2006/24/ECEnacting the EU Directive on Data RetentionParties AffectedData to be RetainedRetention PeriodsAccessibility of DataProvisions Regarding Retained DataAnalysis of the EU Directive on Data RetentionAddressing Issues'Without Undue Delay'Service Providers under the Obligation to Retain DataDefining Serious Crimes and Competent AuthoritiesThe EU Directive on Data Retention and its Implications for Service Providers, Implications for Service ProvidersOnerous on Service Providers and OperatorsIntroductionCall Detail Record SystemsSystem ScalabilityImpact on CostsSmall/Virtual Operators and ResellersThe EU Directive on Data Retention and its Implications for Service Providers, Compliant SolutionsSystems Complying with the EU Directive on Data RetentionIntroductionSensage/EMC/IntecICTCambridgeThe EU Directive on Data Retention and its Implications for Service Providers, Conclusions and RecommendationsFinal AnalysisSummaryRecommendations




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