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legal:dataretention [2015-03-11 19:28] bodems added netherlands |
legal:dataretention [2015-11-25 17:45] (current) bodems |
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+ | # IP data retention | ||
+ | The data retention directive from the European Union sets the frame, but not the exact implementation in-law from the sovereign countries. | ||
+ | [[wp> | ||
+ | |||
+ | ## Alternatives | ||
+ | |||
+ | One approach is to not incorporate as an ISP and then IP data retention laws do not apply. Often it is so that an organization self-identifies and registers as an ISP. | ||
+ | |||
+ | ## Germany | ||
+ | |||
+ | In Germany, data retention was implemented to store the collected data for six months. They had a -- compared to other countries -- rather less-restrictive law, forcing providers to " | ||
+ | For Internet connections, | ||
+ | * time of login | ||
+ | * time of logout | ||
+ | * IP of the connection | ||
+ | |||
+ | For e-mail, for every mail: | ||
+ | * the sender | ||
+ | * the receiver | ||
+ | * the exact date | ||
+ | * (essentiall, | ||
+ | |||
+ | There was a large " | ||
+ | |||
+ | But the court did not consider the law in principle to be against the constitution, | ||
+ | |||
+ | State: February 2014 | ||
+ | |||
+ | State: November 2015: data retention is back | ||
+ | |||
+ | ## Denmark | ||
+ | |||
+ | (This is only about the part of the Danish data retention law that concerns ISP's, telcom rules about phone and sms are not covered) | ||
+ | |||
+ | The Danish law concerns all ISP's that does not fall into one of the following category: | ||
+ | * Networks with less than 100 connected end users. | ||
+ | |||
+ | The following data have to be logged in a per-session manner: | ||
+ | - Sender IP address | ||
+ | - Receiver IP address | ||
+ | - Transport protocol (TCP, UDP ect.) | ||
+ | - Sender port number | ||
+ | - Receiver port number | ||
+ | - Start and end times | ||
+ | |||
+ | This information available and linkable to the session log (described above): | ||
+ | - The assigned user identity. | ||
+ | - Name and address of the user. | ||
+ | - IP addresses assigned to this users (including time periods for the assignment) | ||
+ | |||
+ | Providers who offer wireless networks must also: | ||
+ | - Register the exact physical or geographical position of wireless transmitters. | ||
+ | |||
+ | E-mails must be logged with the following information: | ||
+ | - Sender e-mail address | ||
+ | - Receiver e-mail address | ||
+ | |||
+ | This is about it :) | ||
+ | |||
+ | |||
+ | ## France | ||
+ | |||
+ | ## Belgium | ||
+ | |||
+ | ## Netherlands | ||
+ | No data retention since March 2015: | ||
+ | - http:// | ||
+ | - http:// | ||
+ | Has anyone an article in English? |