Article 29 Working Party finds urrent implementation of data retention directive unlawful

The report that results from a joint inquiry carried out by the data protection authorities, concludes that the obligation to retain all telecom and internet traffic data resulting from the directive is not applied correctly in the EU member states. Most importantly, service providers were found to retain and hand over data in ways contrary to the provisions of the directive. The provisions of the data retention directive are not respected and the lack of available sensible statistics hinders the assessment of whether the directive has achieved its objectives. The European Data Protection Authorities therefore call on the European Commission to take into account the findings of the report when taking the decision on whether or not to amend or repeal the Directive.

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