Skip to content

Category Archives: Data Retention

A Homicide Investigation And The (Still Alive) Data Retention Regulation

The young girl homicide investigation I’ve talked about in a previous post reveals other interesting information, this time about the Telcos’s role in supporting the public prosecution service through the traffic data retention. The media are reporting (italian only, sorry) that more than 120.000 single mobile calls are under scrutiny spanning from a few months […]

Google, the European Court of Justice and the End of History

The European Court of Justice ruling against Google Spain is another step toward the deletion of the History (capital “H”) and collective memory. In the name of “privacy” the Court allowed the possibility to completely remove a lawful information from public scrutiny, as is clearly stated at the end of the ruling: Article 12(b) and […]

The Italian Data Protection Authority to start a code reviewing investigation

Better late then ever: a press release from the Italian Data Protection Authority  advertises the data-protection oriented review of a certain number of apps. This initiative should be a major concern for the (yet unaware) software industry, whose intellectual and industrial property might be endangered by a deep peep into its well protected secrets. Neither […]

Data Protection and Right of Defense. Stating the Obvious

Yet more evidence that Data Protection is not an absolute right. On the contrary, as the Italian Supreme Court decision n. 7783/14 said 1 a few days ago: the interest to the protection of personal data must step back when confronted by true defense needs and other legally relevant interests, such as the fair and […]

Statute of limitation and Data Retention Corporate Policies

There is a common opinion that personal data should be deleted almost immediately and, anyway, as soon as they become useless: a sensitive problem in particular under the (now defunct) Data Retention Directive, once the mandatory retention period expired. This position is not correct since a company has a legitimate motive – and a legal […]

The Impact of the Data-Retention ECJ Ruling on the Law Enforcement Activities

From the Law Enforcement perspective, the ECJ ruling that on Apr. 8, 2014 declared invalid the Data Retention Directive didn’t harm its investigation to such a greater extent as somebody has claimed. There are, indeed, other legal tools that can be used to fit the purpose of getting traffic data of interest. First, ISPs and […]

The EU Data Retention Directive Trashed by the EU Court of Justice

Today the Europan Court of Justice has declared invalid the Data Retention Directive that forced ISP’s to retain some traffic data to be made available for the law enforcement agencies. Though the decision is immediately effective, until the local parliaments don’t update the concerned internal regulations, as crazy as it may sounds,  the data-retention is […]

Friday Night (Data Retention) Fever

Here is a real case that happened just a couple of days ago, while helping an ISP to find a way to handle the deletion of data after the mandatory term imposed by the Eu Data Retention Directive expires. Whatever the solution, thank to the rigidity of the provisions, a law will not be obeyed. […]

Data Protection vs Data Retention

One of the oddities of the Data Protection legal framework is the relationship between Data Retention and Data Protection and the (wrong) notion that when the retention period has expired, the retained data must be deleted. Let’s start from scratch: as soon as the services work properly, an ISP has no need to preserve the […]

The Datagate Legal Implication under German Law

An interesting article from Axel Spies, a Washington-based ICT lawyer, assesses the impact of the US spying over the German Chanchelor, Angela Merkel. Here is an excerpt from the “Conclusion” section: Most Blog participants were more pessimistic about the legal remedies having any leverage against spying. To quote a key statement in the Blog: “What […]