The Dutch implementation of the Data Retention Directive

Abstract

The Dutch implementation of the Data Retention Directive was adopted on the 1st of September, 2009. The main reason for the storage of call detail records of telephone and internet traffic data is its potential in the aid of the investigation and prosecution of serious crimes. However the fact that this data has to be stored for a certain period of time is a recurring point of debate. There is a need both in the Netherlands and at European level (EU 18620/11) for a clearer understanding of how the police and judicial authorities use the data kept under the Telecommunications Data Retention Act (referred to below as ‘the Act’). The purpose of this study is to clarify how the Act works in practice. The same report in Dutch was published in 2013. CONTENT: 1. The Dutch Data Retention Directive - an introduction 2. Remote communication, developments and implications 3. The legislative history and European legislation and implications 4. The retention and securing of data in practice 5. The use of historical traffic data in practice 6. The use of historical traffic data in figures 7. Concluding remarks