The Dutch implementation of the data retention directive : on the storage and use of telephone and internet traffic data for crime investigation purposes / G. Odinot, D. de Jong, R.J. Bokhorst, C.J. de Poot.

Includes bibliographical references.

Print version record.

Cover ; Title Page; Foreword; Table of contents; Abbreviations; Summary; 1 The Dutch Data Retention Directive -- an introduction; 1.1 Purpose and research questions; 1.2 Research design; 1.2.1 Interviewees; 1.2.2 Method of the empirical study; 1.2.3 Structure of the report; 2 Remote communication, developments and implications; 2.1 The telephone market; 2.2 The Internet; 2.3 Limitations of the retention directive; 3 The legislative history and European regulation on the Data Retention Directive; 3.1 The draft legislation; 3.1.1 The nature of the data; 3.1.2 Retention periods.

3.1.3 Protection of personal privacy3.1.4 Notification; 3.1.5 Consideration draft legislation by the Senate; 3.1.6 Costs; 3.1.7 Effectivity of the Data Retention Directive; 3.1.8 Privacy; 3.2 The European guidelines; 3.2.1 Retained data; 3.2.2 Ratification of the Data Retention Directive in the European Union; 3.2.3 Evaluation of the directive; 3.3 Conclusion; 4 The retention and securing of data inpractice; 4.1 The regulatory authorities; 4.2 The providers; 4.3 Complexity of traffic and location data; 4.4 Irregularities; 4.5 Private access to personal traffic and location data.

4.6 Conclusion5 The use of historical traffic data inpractice; 5.1 Historical telephony data; 5.2 Telephony -- overview of the use; 5.2.1 Considerations and goals; 5.2.2 Which number to retrieve; 5.2.3 Time of retrieval; 5.2.4 The principles of proportionality en subsidiarity; 5.2.5 Frequency and age; 5.2.6 Data analysis; 5.2.7 The revenues; 5.2.8 Relevance of retained data; 5.2.9 More efficient investigation?; 5.2.10 Is the retention period sufficient for investation in telephony?; 5.2.11 Notification and destroying data; 5.3 The use of historical internet traffic data.

5.3.1 What is retained?5.3.2 Relatively little use of internet traffic data; 5.3.3 Considerations and goals; 5.3.4 Mobile internet; 5.3.5 Email; 5.3.6 The usability of retained data; 5.3.7 Telecommunications Research Information Service IP address requests; 5.3.8 Retention periods; 5.3.9 Requesting international traffic data; 5.3.10 The future of data retention for internet data; 5.4 The retrieval of transmission tower data; 5.4.1 In practice; 5.4.2 Privacy; 5.5 Alternatives to the retention directive?; 5.6 In sum; 6 The use of historical traffic data in figures.

6.1 Data requests from the National Interception Unit6.1.1 Conclusion; 6.2 The use of traffic data in jurisprudence; 6.2.1 Telephony traffic data; 6.2.2 Localization of suspects or networks and establishing their contacts; 6.2.3 Supportive or refuting statements; 6.2.4 Other functions of the use of traffic data; 6.2.5 Acquittals; 6.3 Internet traffic data; 6.3.1 Child pornography; 6.3.2 Advertisements; 6.3.3 Threats; 6.4 In sum; 7 Concluding remarks; Literature; Appendix 1 Advisory Board.

This report shows how the Dutch Data Retention Act works in practice, providing an overview of the way in which the Act is structured, and of the use of the retained telephone and internet traffic data in investigative practice. The report also provides insight into the use and value of these data in court rulings. The main assumption behind the Act is that certain telephone and internet traffic data can play an important role in the investigation and prosecution of serious crimes. However, the fact that these privacy sensitive data have to be stored for a certain period of time is a continual.

eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - Worldwide