Data retention suspended – Data retention for telecommunications data is suspended for the time being. The Bundesnetzagentur does not want to oblige providers and providers to participate in the regulations valid from 1 July 2017 onwards.
Data retention will enter into force on 1 July 2017 and provide for the storage of communication data as a precautionary measure in order to be able to use it in the event of a threat. This includes, among other things, IP addresses, connection data, location information, SMS data and the like. While site data is stored for four weeks at the vendors, the remaining information must be kept for ten weeks – at least the plans for 1 July 2017.
However, the new administrative court for the state of North Rhine-Westphalia saw an advance against Europarecht in the new guidelines. The Munich-based provider Spacenet had submitted an urgent application in order to escape the new requirements. The Oberverwaltungsgericht was of the opinion that an accident-free storage, as stipulated by German law, violates European directives.
Bundesnetzagentur kippt records retention
The Federal Network Agency has responded to the decision just a few days before the entry into force of the new regulation and has suspended the data retention for communications data:
By decision of 22 June 2017, the Oberverwaltungsgericht für die Land Nordrhein-Westfalen (German Supreme Administrative Court) ruled in an interim relief proceedings that the complaining Internet access service provider is not obliged to store the telecommunication traffic data referred to in Article 113b (3) TKG until the legally binding conclusion of the main payment procedure 13 B 238/17). On the basis of this decision and its justification, the Bundesnetzagentur reserves the right to oppose all obligated undertakings until the legally binding conclusion of a main payment procedure for orders and other measures for the enforcement of the storage obligations regulated in § 113b TKG.
Whether and when the data retention actually takes effect depends on the outcome of the other court proceedings. These can, however, extend, with a decision being expected at the earliest in a year. However, this can take up to three years.