BIM Annual Report 2008 - Ludwig Boltzmann Institut für ...

Human Rights in the Information Society BIM Annual Report 2008
Comparative Study on the status of the application of Directive 2006/24/EC
(“Data Retention Directive”)
Summary
In February 2008, the Austrian Federal Ministry of Transport, Innovation and Technology assigned the
BIM to elaborate a comparative analytical study on the status of the application of 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 (“Data Retention Directive”) with regard to fixed
network telephony and mobile telephony in 13 EU Member States.
In close cooperation with the Institute for Legal Informatics Hannover (IRI) the BIM analysed if Directive
2006/24/EC was already transposed into national law and, if so, which provisions had been taken in
each country in order to meet the requirements of the application. In those cases where the Directive
had not been transposed into national law so far, the plans of application in the country as well as the
reasons for delaying the application process were assessed. Likewise the reaction of civil society in
each country was a central issue.
The study includes a short but clearly critical analysis of the “Data Retention Directive” in the light of
human rights, especially Art 8 ECHR, the options of taking legal proceedings against data retention on
European level and a recommendation to the Austrian government to keep the application at the minimum
level of the normative guidelines, accompanied by a maximum range of legal protection.
The full publication is available at:
http://www.univie.ac.at/bim/php/bim/level=0&id=7
Countries
Austria, Belgium, Czech Republic, Denmark, France, Germany, Greece, Ireland,
Italy, Portugal, Spain, Sweden, The Netherlands, United Kingdom;
Persons
involved
Researchers
Project leader
Kerstin Buchinger
Christian Schmaus
Christof Tschohl
Hannes Tretter
Contact person
Christof Tschohl, christof.tschohl@univie.ac.at
Lead
organisation
Ludwig Boltzmann Institute
of Human Rights
Partner
organisation
Institute for Legal Informatics
Hannover (IRI)
Starting/
end date
February 2008 to March 2008
Funded by
Austrian Federal Ministry of Transport, Innovation and Technology
76