Opinion of the European Data Protection Supervisor on the Evaluation report from the Commission to the Council and the European Parliament on the Data Retention Directive (Directive 2006/24/EC)

The EDPS express some critical remarks on the European Data Retention Directive, underlining that the Directive “does not meet the requirements imposed by the fundamental rights to privacy and data protection”.

Three different aspects are the most critical:

  1. the necessity for data retention as provided in the Directive has not been sufficiently demonstrated;
  2. data retention could have been regulated in a less privacy-intrusive way;
  3. the Directive leaves too much scope for Member States to decide on the purposes for which the data might be used, and also for establishing who can access the data and under which conditions.

The opinion is available here

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