Member State experts are continuing their reflections on data retention. They held another discussion on Monday 1 March on the follow-up for the judgments handed down in October 2020 by the Court of Justice of the EU (see EUROPE 12575/13). The subject will also be on the agenda of the European Ministers of Justice on 11 March.
The discussion on 1 March focused in particular on the targeted and general retention of IP addresses and civil identity data.
In its recent judgment, the Court allows Member States to retain data when national security is threatened. It also allows them to store traffic and location data in a targeted manner to combat crime and preserve public safety, with safeguards in terms of temporality, categories of data, means of communication, and persons concerned.
The discussion on 1 March focused particularly on these safeguards. In its working document, the Presidency asked delegations specifically how to limit the categories of data (referring in particular to volume, sensitivity, and retention period), the means of communication to be covered (referring to a selection of providers based on their size or geographical coverage) and how to define an appropriate retention period.
Lisbon also asked delegations about the derogation for IP addresses, which may be subject to general and indiscriminate retention.
The subject is due to be discussed at the Council of Justice Ministers on 11 March. In particular, the EU-27 will be invited to answer the following questions: - is there a need to update European legislation in light of the EU Court of Justice’s judgment? - is a targeted or comprehensive approach needed or, on the contrary, is national law sufficient?
Link: https://bit.ly/30agYRK (Original version in French by Sophie Petitjean)