The Directive establishes that providers of communications services have to retain certain data generated or processed in the area of electronic communications in the European territory during a limited time. Therefore,it seeks to ensure that the data are available for the purpose of the prevention, investigation, detection and prosecution of serious crimes.
According to the Court, these data may contain private information of the citizens, and allowing the competent national authorities to access said data is contrary to two fundamental rights: the respect for private life and the protection of personal data, both contained in the Charter of Fundamental Rights of the EU. Thus, the Court considers that these limits are exceeded and, consequently, the Directive 2006/24/EC on Data Retention is invalid.
In Spain, this rulling can affect several laws. In fisrt place, this Directive entailed the creation of the Law 25/2007 of Data Retention, which forces the communication operators to keep certain data that allows to trace the destination and origin of a communication, such as IP addresses and the identiy of the people involved. This Law might be declared invalid now.
In this sense, the invalidity of the Directive might affect the Law 2/2011 of Sustainable Economy (’Sinde Law’), which allows to enquire data to the service providers in order to inforce the intellectual property rights.
Finally, the Intellectual Propery Act, could be affected as well, since it allows the identification of the responsibles of download web sites and illegal contents through the IP address.
Written by: Alejandra Rosero
Source:
http://www.abc.es/tecnologia/redes/20140411/abci-datos-empresas-guardar-privacidad-201404102139.html
http://www.elmundo.es/tecnologia/2014/04/08/5343caa2268e3e5b448b456f.html
Press release No 54/14 of the Court of Justice of the European Union
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