Feeds

Sweden postpones EU data retention directive, faces court, fines

But Austria finally swallows it after court battles

3 Big data security analytics techniques

Sweden is to delay the implementation of the controversial EU data retention directive for a year, risking a heavy fine of up to €68m, whereas Austria has decided to implement the directive after a European Court of Justice ruling in 2010.

The Swedish government this week decided to postpone the implementation of the law for at least a year, although 281 MPs out of 349 – just over 80 per cent – voted in favour of the directive. The Left Party and the Greens want to renegotiate the directive in the EU. The parties used a provision in the Swedish constitution where a sixth of the votes in Parliament can postpone a decision for at least a year.

Sweden is profoundly divided over the directive, which was adopted by the EU in November 2006 after long debates.

Data retention refers to the storage of traffic and location data resulting from electronic communications. Under the agreed draft, the data retained by ISPs and phone companies will be made available only to national authorities in specific cases and in accordance with national law. Records will be kept for up to two years. However, both the Swedish Green Party and the Left Party believe the directive restricts basic rights and freedoms.

By postponing the vote, Sweden is now risking a European court case and can be fined from as much as 150 million kronor (€17m) up to 500 to 600 million (€56m to €68m).

Most European countries have implemented the directive, with France going overboard by adding the requirement that ISPs store passwords and data for the verification or modification of passwords.

Germany already adopted the directive back in 2008. Police and other law enforcement agencies had the option to acquire data in the process of investigating serious crimes, until last year when a German constitutional court struck down the measures on the basis that they interfered disproportionately with fundamental rights.

Austria was in the same position as Sweden back in 2007. It also had major data protection and privacy concerns. The Austrian Chambers of Commerce and Labour both opposed data retention. In the summer of 2007, the famous Vienna Ringstraße – which circles the city centre of Vienna – was partially blocked for about an hour as a 150 strong demonstration organised by the Austrian Pirate Party walked along it to protest against the planned data retention legislation.

In 2009 the European Commission began proceedings against Austria for breaching EU law, and last year, the European Court of Justice ruled against it for failing to establish an independent data protection authority. Just three days ago, the Austrian government announced that it would swallow the directive at long last. The Austrian Internet Service Provider Association estimates the overall costs to the country of the data retention directive to be somewhere between €15m and €20m.

See the directive here (26-page/149KB PDF). ®

Combat fraud and increase customer satisfaction

More from The Register

next story
EU: Let's cost financial traders $400m a day, because EVIL BANKERS. Right?
Wait 'til this one hits your pension fund where it hurts
Systems meltdown plunges US immigration courts into pen-and-paper stone age
Massive outage could last four weeks, sources claim
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
prev story

Whitepapers

Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.