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Anlage 6 (zu Nr. 3.9)
Konferenz der Europäischen Datenschutzbeauftragten vom 10. bis 11. Mai 2001:
Retention of traffic data by Internet Service Providers (ISP’s)
The Spring 2001 Conference of European Data Protection
Commissioners notes with continuing concern proposals
that IPS’s should routinely retain traffic data beyond the requirements of billing purposes in order to permit possible
access by law enforcement bodies.
The Conference emphasises its view expressed in Stockholm that such retention would be an improper invasion of
the fundamental rights guaranteed to individuals by Article
8 of the European Convention on Human Rights and in relation to the processing of personal data by the 1981 Council
BfD 19. Tätigkeitsbericht 2001–2002
of Europe Convention for the Protection of Individuals with
regard to the Automatic Processing of Personal Data (Convention 108). The Conference points out that such retention
would also invade the rights to privacy and data protection
specified by Articles 7 and 8 of the recently adopted Charter
of Fundamental Rights of the European Union. Where traffic data are to be retained in specific cases, there must be a
demonstrable need, the period of retention must be as short
as possible, and the practice must be clearly regulated by
law.