ANP, 17 February 2015: 'Data retention bill cracked'

"Minister Ivo Opstelten (Security and Justice) had better not submit a bill on the retention obligation for telecommunications data of telephone as internet traffic. That is the opinion of the Dutch Data Protection Authority (CBP).

The proposal does not sufficiently substantiate the need to retain all phone and internet data in the Netherlands, the privacy watchdog said.

The European Court of Justice ruled last year that a general retention obligation violates the fundamental right to the protection of personal data. This includes information such as who calls whom and when.

According to privacy watchdog CBP, the cabinet is simply sticking to the general data retention obligation in the proposed legislative amendment. Opstelten considers the storage important in the fight against serious crime, so that investigative services can, among other things, find out who had contact with each other and when.

But according to the CBP, the substantiation for this is insufficient. "The investigative authorities have gained over four and a half years of experience, but it has apparently not been possible to provide a systematic justification of the need for this retention obligation."

Opstelten (Security and Justice) must also come before the Senate to explain how he will deal with that European Court of Justice ruling. Although the cabinet is now adjusting the plans, the objections of the European Court would not be sufficiently addressed.

A court case on the retention obligation is due to be heard in The Hague on Wednesday. Among others, the Dutch Association of Journalists, the Dutch Association of Criminal Defence Lawyers and privacy advocate Privacy First are demanding that the Telecommunications Retention Obligation Act be set aside."

Source: ANP, 17 February 2015.