State does not appeal in case about retention obligation

The State will not appeal against the court’s ruling in which the retention obligation for telecom data was rendered inoperative. The appeal period expired on Wednesday. The verdict has thus become final.

The judge ruled on 11 March that the Telecom Data Retention Act seriously violates the privacy of citizens because it infringes the right to the protection of personal data. The retention obligation for telecom companies and internet providers was thus rendered inoperative. Now that the appeal period has expired and the State has not lodged an appeal during this period, the judgment can no longer be challenged and is therefore final.

The Public Prosecution Service stated earlier this week that the discontinuation of the retention obligation has a negative impact on the investigation and prosecution of criminals. In addition, the government is working on a new bill for data retention. Responsible Minister Ard van der Steur has indicated to the House that he will present the new data retention obligation as soon as possible.

A number of changes have been made to the draft bill. For example, the examining magistrate must first give permission for a judicial claim against a telecom provider. Also, the stored data must be kept on the territory of the EU. The organization Privacy First has indicated that it will also challenge the new data retention obligation in court.