in the Spring of 2014 ended Tele2 and several Swedish operators to store certain information – traffic data and location data of their customers. This after the EUROPEAN court of justice ruled that the data retention directive did not comply with basic human rights. But it wasn’t long before the government investigators came to the conclusion that the Swedish laws some force and the administrative court noted that the suppliers in particular had to store the data in at least six months. A decision that Tele2 quickly appealed to the administrative court of appeal. That, in turn, took the matter further for a ruling from the EUROPEAN court of justice.
And it is precisely this reference for a preliminary ruling in the day are presented. In its decision, writes the EUROPEAN court of justice that the Swedish legislation is not compatible with EU law and that member states can not force the operators to generally store the data.
” There is a clear ruling, where the Swedish datalagringslagen rejected item after item. The court is correct in our criticism. However, it is regrettable that the government and parliament not taken the issue seriously and found a balance in the legislation from the beginning, ” says Stefan Backman, general counsel at Tele2.
the Court notes that a general and unidentified storage of traffic data and location data is not possible under the current rules. Member states may, while proactively legislate on targeted storage, but only in order to combat serious crime. And that it is limited to what is absolutely necessary, clearly defines who is affected and how long the storage will see.
Police and other law enforcement agencies should also not have access to the data without certain specific conditions are met. And it must require some form of advance notice by an independent authority, such as a court order.
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” We understand that there must be some form of retention to fight serious crime. But now we risk to end up in a vacuum, just for the legislature from the beginning did not create a balance between law enforcement needs and personal privacy, ” says Stefan Backman.
Exactly what today’s announcement will be the means for Tele2 and other operators is too early to say. The interpretation must now be made by the administrative court of appeal. National Post and telecom agency is the regulator and the summer of 2014 presented an injunction to Tele2 to resume the storage of the data.
” We welcome the decision, we have been waiting a long time on the EU court of justice for a preliminary ruling. It is an important issue and it is good that there will be clarity in the. Now it is up to the court of appeal of interpret the EU court’s decision, and apply it on the Swedish right. The decision will affect a number of different rules, but exactly what importance they may decide the right, ” said Staffan Lindmark, a lawyer at the national Post and telecom agency.