Data retention law allows tracking of email and phone records

A new law to allow the government to stock communications data has come in for criticism before it is even passed. It replaces a law that was declared void by the Constitutional Court in June.

The data retention law allows the government to oblige telecommunications companies to store data on all electronic communications, including email and mobile phone data, for use in the event of an investigation into terrorism or serious crime. The data is what is known as metadata – the phone number and email address of the person contacted, the time and duration of the communication, but not the content of the message or discussion.

The Constitutional Court struck the law down because it was too broad: the details of everyone’s communications were being stocked, not only those suspected of a crime. However, critics including lawyers have pointed out that this collection of data from everyone remains part of the new law. According to the government, no other way of working is viable.

The new law was drawn up in record time by federal minister for justice Koen Geens, for digital agenda Alexander De Croo and for defence Steven Vandeput. It contains some notable differences from its predecessor.

The authorities, for instance, may only resort to the stored metadata if there is no alternative avenue of investigation that is more privacy-friendly. Whereas the old law involved a storage period of one year for everything, the new version has different periods for different crimes. For crimes carrying a sentence of less than a year, no access to metadata is allowed. For one to five years, only the last six months of metadata can be consulted. The one-year term still applies, but only to serious crimes with sentences of more than five years.

Doctors, lawyers and journalists are excepted from storage, unless the subject is shown to be a serious threat, when the professional federation concerned can approve an exception to the protection of professional confidentiality.

The telecommunications companies now have four months to respond, after which the Privacy Commission will be asked to issue an opinion.

Photo by Ingimage