Use of Data for Criminal Proceedings in Germany, Update to Controller to Processor Model Clauses, Powers of Entry and Audit Without Warrant, Proactive Privacy Protection

Data Protection / Privacy

Storage and use of data for the purpose of criminal proceedings in Germany deemed unconstitutional

With effect from 1 January 2008, the German parliament implemented EU directive 2006/24/EC on the "retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks" (EU Directive).

Pursuant to the German implementing law, communication providers in Germany were obliged to store without having to show cause for six months all (1) call detail records of telephony and (2) internet traffic and transaction data of their users. Under the legislation, the German authorities were entitled to recall and use such data for the purpose of actual criminal proceedings and the avoidance of imminent danger.