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The EU Data Retention Directive

Computer Law & Security Report, 2006
Abstract The Data Retention Directive aims to harmonise the obligations of providers of publicly available electronic communications services and networks in relation to the retention of certain data, essentially traffic and location data in relation to communications. This article offers a summary of the new provisions.
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Data Retention in Cyprus in the Light of EU Data Retention Law

2020
The chapter aims at describing the Cypriot data retention regime contained in Law 183(I)/2007, which transposes the Data Retention Directive into Cyprus law, as developed through case law from the transposition of the Directive to a very recent Supreme Court judgement.
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Data Retention in Austria

2020
The chapter deals with the rise and fall of the Data Retention Directive in Austria. Due to the paradigm shift in the principles of data retention, the Directive received a great media attention in Austria even before its adoption at the European level.
Axel Anderl, Alona Klammer
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Data Retention in Poland

2020
On 30 July 2014, the Constitutional Tribunal delivered a long-awaited judgment in which it assessed the compatibility of particular provisions of domestic law on covert electronic surveillance with the Constitution and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Podkowik, Jan, Zubik, Marek
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Data Retention in Slovakia

2020
This contribution tells the story of the Slovak struggle with the Data Retention Directive. It explains the implementation, its constitutional challenge and the resulting outcome. After analysing the decision of the Constitutional Court which invalidates the Slovak implementation of the Directive, the article highlights the policy consequences for the ...
Matej Gera, Martin Husovec
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Data Retention in Belgium

2020
The implementation of the Data Retention Directive in the Act of 30 July 2013 was applauded by law enforcement as a significant step forward. The Act introduced the retention of subscriber, traffic and localisation data of electronic communication in Belgium.
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Data Retention in Romania

2020
Until 2008, there was no legal provision on the retention of traffic and location data for law enforcement agencies in Romania. Like all other Member States of the European Union, Romania had to also transpose Directive 2006/24/EC, but the law was shortly repealed.
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Data Retention in Portugal

2020
This chapter provides a general overview of the Portuguese legislation implementing Directive 2006/24/EC and of the domestic constitutional case law on this topic. It begins with a review of the Portuguese constitutional framework on the right to privacy, then the inviolability of communications and the protection of automated data is discussed, and ...
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Data Retention in Germany

2020
In Germany, the laws that implemented the EU Data Retention Directive (DRD) triggered the largest mass constitutional complaint in the history of the Federal Republic of Germany. The Federal Constitutional Court (FCC) reached a fundamental judgment in March 2010.
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Data Retention as a Matter of Constitutional Law

Abstract Chapter 22 aims to provide a critical overview of a selection of judgments made by Member States’ constitutional courts on data retention. It claims that the relationship between EU law and national law plays a key role in the solutions adopted from time to time by constitutional courts.
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