The retention of communication data and fundamental human rights. With lessons from the United Kingdom and Norway

Abstract

After an increasing development in the field of electronic communication, The European Union now imposes all Contracting States to retain communication data from every user of electronic communication services. This is done through directive 2006/24/EC, the so-called „data retention directive‟. The purpose with this directive is the investigation, detection and prosecution of serious crime. Also member states within the European Economic Community (EEC) will have to follow this directive as the European Court of Justice found it to be „inner marked relevant‟. Communication data is the opposite of communication content; it is data about the „traffic‟ of electronic communication, but not its actual content. This piece of work seeks to highlight if this mass retention of this type of data from entire populations with the purpose of future crime investigations is compatible with fundamental human rights enshrined in the European Convention of Human Rights, and especially the right of privacy which is enshrined in the Conventions article 8.