NOS.nl, 16 February 2015: 'Opstelten wants to keep too much data for too long'

"The Dutch Data Protection Authority (CBP) sees nothing wrong with the government's draft bill on amending the retention obligation for telephone and internet data. The proposal states that telecom companies must retain that data for six to 12 months. According to the cabinet, this is necessary to fight terrorism and organised crime.

The CBP is not convinced of the necessity of the measures and thinks it is wrong that data of all Dutch citizens is kept. The invasion of citizens' privacy is therefore "too great and disproportionate".

European Court

Until April last year, the government could impose a retention obligation based on a 2006 EU directive. This stated that member states had to retain phone and email data for six months to two years. Last year, this directive was invalidated by a European Court of Justice ruling.

The government therefore wants to submit a legislative amendment containing a number of adjustments. For instance, a magistrate judge must give permission to transfer historical telecom data to a prosecutor.

For the CBP, these adjustments do not go far enough. The board feels that the government does not properly explain why all telecom data should be retained and also that the government should have looked at whether the same goal can be achieved by less intrusive means. It therefore advises the minister not to submit the proposal to parliament.

More protest

Summary proceedings against the State are due to be heard on Wednesday. The plaintiffs are an internet provider, the Dutch Association of Criminal Lawyers, the journalists' union NVJ and the Privacy First foundation. They want the storage of call, internet and e-mail data to stop immediately.

The draft bill was put on the internet by the government for consultation. In response, 53 individuals and bodies responded. The vast majority of them rejected the bill."

Source: http://nos.nl/artikel/2019672-opstelten-wil-te-veel-gegevens-te-lang-bewaren.html, 16 February 2015.