NOS.nl, 11 March 2015: 'Judge overturns private data retention obligation'

"Internet providers no longer have to keep call, internet and mail data. The preliminary injunction judge struck down the law requiring them to do so. The interest of privacy outweighs this, the judge found.

Telecom companies BIT, SpeakUp and Voys, the Dutch Association of Criminal Defence Lawyers, the journalists' union NVJ and the Privacy First foundation had jointly filed summary proceedings against the Dutch state.

The lawyer for those parties thinks the judge was right to give privacy more weight. "The judge has put an end to the mandatory retention of communication data of everyone, including non-suspect citizens," he said. Moreover, according to the lawyer, the ruling is in line with opinions of the Dutch Data Protection Authority and the Council of State.

Since 2009, telecom companies have been obliged to keep customer data for one year. However, the European Court ruled in 2014 that mass storage of call and internet data is a severe invasion of users' privacy.

Dutch ISPs were in a fix as a result. They were required by Dutch law to retain data, while European law does not allow them to do so.

The complainants' lawyer calls the ruling no surprise. "The Dutch law was in conflict with European law. That has now been rectified."

The Ministry of Security and Justice does not yet want to comment on the substance. The ruling is being studied, a spokesperson said."

Source: http://nos.nl/artikel/2024068-rechter-haalt-streep-door-bewaarplicht-privedata.html, 11 March 2015.