On 25 January, the Minister of Justice presented a bill to adapt the national legal framework on the retention of personal data in the electronic communications sector to the requirements of the recent rulings of the Court of Justice of the European Union in this area.
The aim of the proposed text is to regulate the retention and use of traffic and location data by seeking to ensure a balance between, on the one hand, access to data processed by electronic communications operators and providers in the context of safeguarding national security, combating serious crime and preventing serious threats to public security and, on the other hand, the protection of citizens' fundamental rights.
In particular, the suggested legislative measures allow for the targeted retention of traffic and location data according to categories of data subjects or by means of a geographical criterion and the expeditious retention of traffic and location data.
The general and undifferentiated retention of traffic and location data will be strictly limited to:
- civilian identity data for the purposes of fighting crime, safeguarding public security and national security,
- IP addresses assigned to the connection source for the purpose of combating serious crime, safeguarding public safety and national security,
traffic and location data in the event of a threat to national security which is genuine and current or foreseeable.
Press release by the Ministry of Justice