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service;
(b)
“traffic data” means any data processed for the purpose of the conveyance of a
communication on an electronic communications network or for the billing thereof;
(c)
“location data” means any data processed in an electronic communications network or by an
electronic communications service, indicating the geographic position of the terminal
equipment of a user of a publicly available electronic communications service;
(d)
“communication” means any information exchanged or conveyed between a finite number of
parties by means of a publicly available electronic communications service. This does not
include any information conveyed as part of a broadcasting service to the public over an
electronic communications network except to the extent that the information can be related to
the identifiable subscriber or user receiving the information;
…’
17
Article 3 of Directive 2002/58, headed ‘Services concerned’, provides:
‘This Directive shall apply to the processing of personal data in connection with the provision of
publicly available electronic communications services in public communications networks in the
Community, including public communications networks supporting data collection and
identification devices.’
18
Article 5 of Directive 2002/58, headed ‘Confidentiality of the communications’, provides:
‘1.
Member States shall ensure the confidentiality of communications and the related traffic data
by means of a public communications network and publicly available electronic communications
services, through national legislation. In particular, they shall prohibit listening, tapping, storage or
other kinds of interception or surveillance of communications and the related traffic data by persons
other than users, without the consent of the users concerned, except when legally authorised to do
so in accordance with Article 15(1). This paragraph shall not prevent technical storage which is
necessary for the conveyance of a communication without prejudice to the principle of
confidentiality.
…
3.
Member States shall ensure that the storing of information, or the gaining of access to
information already stored, in the terminal equipment of a subscriber or user is only allowed on
condition that the subscriber or user concerned has given his or her consent, having been provided
with clear and comprehensive information, in accordance with Directive [95/46], inter alia, about
the purposes of the processing. This shall not prevent any technical storage or access for the sole
purpose of carrying out the transmission of a communication over an electronic communications
network, or as strictly necessary in order for the provider of an information society service
explicitly requested by the subscriber or user to provide the service.’
19
Article 6 of Directive 2002/58, headed ‘Traffic data’, provides:
‘1.
Traffic data relating to subscribers and users processed and stored by the provider of a public
communications network or publicly available electronic communications service must be erased or
made anonymous when it is no longer needed for the purpose of the transmission of a
communication without prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1).
2.
Traffic data necessary for the purposes of subscriber billing and interconnection payments
may be processed. Such processing is permissible only up to the end of the period during which the
bill may lawfully be challenged or payment pursued.
2/15/2021, 4:58 PM