New Data Retention Rules on the Horizon in Europe

Orignally published January 30, 2006

While Europe has long been a leader in working to ensure that its citizens enjoy a high level of privacy protection, it, like the United States, has also had to deal with the challenge of striking an appropriate balance between individual liberties and national security concerns. A notable recent development in this continuing challenge was the recent approval of a new European directive concerning data retention (the "Data Retention Directive"). On December 14, 2005, the European Parliament voted in support of new measures that will compel providers of publicly available electronic communication service and/or public communication networks (collectively, "Service Providers") to comply with new requirements regarding the retention of traffic and location data. In imposing new retention requirements, the Data Retention Directive will amend Directive 2002/58/EC, also referred to as the "Directive on Privacy and Electronic Communications."