Europe - DRD 2006/24/EC
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Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
Directive 2006/24/EC, also known as the Data Retention Directive, was enacted by the European Parliament and the Council of the European Union on March 15, 2006. This directive aimed to harmonize the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks across member states. The primary objective of this directive was to ensure that certain data would be available for the purpose of the investigation, detection, and prosecution of serious crimes, such as terrorism and organized crime.
Specifically, the directive required telecommunications operators to retain traffic and location data (but not the content of communications) for a period of between six months and two years. It outlined provisions regarding the types of data to be retained, the periods of retention, and the mechanisms for data access and protection. The directive also highlighted the necessity of respecting fundamental rights and freedoms, particularly privacy and data protection, in line with Directive 2002/58/EC (the ePrivacy Directive), which it sought to amend.
However, the directive sparked significant debate and criticism, mainly focusing on privacy and data protection concerns. Critics argued that the directive constituted a major intrusion into the fundamental rights of EU citizens, with potential for abuse and misuse of retained data.
Subsequent to its implementation, the Data Retention Directive faced numerous legal challenges in various member states. On April 8, 2014, the Court of Justice of the European Union (CJEU) invalidated Directive 2006/24/EC in its entirety, citing its disproportionate impact on individuals' rights to privacy and protection of personal data. The Court's decision emphasized the necessity for any data retention measures to strictly respect the principle of proportionality and the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union.
Following the invalidation of the directive, EU member states have been left to navigate the complex balance between national security and privacy rights in varying ways, leading to a fragmented approach to data retention across the Union.
For further details and the full legal text, you can reference the original document here: Directive 2006/24/EC.
