6
According to Article 2 of that directive, entitled ‘Definitions’:
‘Save as otherwise provided, the definitions in [Directive 95/46] and in Directive 2002/21/EC of the
European Parliament and of the Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Directive) [(OJ 2002 L 108, p. 33)]
shall apply.
The following definitions shall also apply:
(a)
“user” means any natural person using a publicly available electronic communications service,
for private or business purposes, without necessarily having subscribed to this 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;
…’
7
Article 3 of that directive, entitled ‘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
European Union], including public communications networks supporting data collection and
identification devices.’
8
Under Article 5 of Directive 2002/58, entitled ‘Confidentiality of the communications’:
‘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.’
9
Article 6 of Directive 2002/58, entitled ‘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