How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
The ePrivacy Directive allows individual EU member states to engage in the retention of communications traffic data for law enforcement purposes. It provides a legal framework that permits such retention, but it does not harmonize the rules across all member states.
"To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph."
The retention of communications traffic data for law enforcement purposes is addressed in different ways by European data protection law. The ePrivacy Directive allows individual EU member states to engage in such data retention but does not harmonize the rules concerning this across all states
Answer is A
Sorry.. did a thorough research, answer is D
A. The ePrivacy Directive allows individual EU member states to engage in such data retention. This answer recognizes that the ePrivacy Directive provides the legal framework within which member states can legislate on data retention, subject to compliance with fundamental rights as interpreted by the CJEU. CJEU Rulings: The CJEU has clarified through cases like Digital Rights Ireland and Tele2 Sverige/Watson that blanket and indiscriminate data retention is not permissible under EU law. Any data retention must be targeted, necessary, and proportionate, with adequate safeguards to protect individuals' rights