European UnionePrivacy Directive
Officially ePrivacy Directive, Member State Restrictions for National Security and Crime, Including Data Retention
Directive 2002/58/EC, Art. 15(1)
In force since .
An interception and recording consent rule binding government bodies.
- Obligation class
- Retention
As of .
What it requires
- Member States may adopt legislative measures to restrict the scope of the rights and obligations in Article 5, Article 6, Article 8(1) to (4) and Article 9 of the Directive when the restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security, defence or public security, or for the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system.
- Every such measure, including one that provides for the retention of data for a limited period on those grounds, must be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.
What this law does
Article 15(1) lets Member States adopt legislative measures to restrict the scope of the rights and obligations in Article 5, Article 6, Article 8(1) to (4) and Article 9 of the Directive.
A restriction is permitted when it constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security, defence or public security, or for the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system. To this end, Member States may adopt legislative measures providing for the retention of data for a limited period justified on those grounds.
All such measures must be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.
When LexLint raises it
When your app profile says your app provides telecom services.