Telecompaper, 10 December 2014: 'Opposition wants retention obligation frozen'

"D66, GroenLinks and SP are asking Parliamentary questions about the Telecommunications Data Retention Act. The government maintains the retention obligation even though the European Court this year overturned the European directive. A bill on an amended retention obligation is now before the Lower House.

MPs Verhoeven, Schouw, Van Tongeren and Gesthuizen are asking the government to recognise that the retention obligations conflict with the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms (ECHR). If the obligations are indeed in conflict, as the Council of State argues in its opinion, then this creates a conflict with Article 94 of the Constitution.

Furthermore, there are possible consequences for Internet Service Providers. Possibly, they could claim compensation from the Dutch state if the law is implemented anyway. It could also turn out that providers will be taken to court by their customers for unlawful data retention.

These parties have repeatedly called for a freeze on the retention obligation. Internet service provider BIT, together with Privacy First, the Dutch Association of Journalists, the Group of Public Magazines of the Dutch Publishers Association, NDP News Media and the Dutch Association of Criminal Law Lawyers, are starting summary proceedings against the State."

Source: http://www.telecompaper.com/nieuws/oppositie-wil-dat-bewaarplicht-wordt-bevroren–1054241, 10 December 2014.