Examples of using Access to retained data in English and their translations into Slovenian
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Access to retained data.
I would add that there is nothing theoretical about the risks of abusive or illegal access to retained data.
As regards access to retained data, Section 22 of RIPA provides:.
That conclusion is not called intoquestion by the fact that national provisions governing access to retained data do not, as such, fall within the scope of application of the Charter.
Access to retained data by the national authorities is governed by the provisions of Law 2012:278, the LEK and the RB.
In addition, the competent national authorities to whom access to retained data has been granted must notify the persons concerned of that fact.
Article 4 of Directive 2006/24 states that it is for the Member States to ensure that data retained‘are provided only to the competent national authorities in specific cases and in accordance with national law' and, more specifically, to define in their national law‘[t]he procedures to be followed and the conditions to be fulfilled in order to gain access to retained data'.
The fact that access to retained data is restricted again means that it cannot be used for public surveillance.
It should further benoted that no access should be granted to‘retained data' under this Directive for other than law enforcement purposes i.e. no access to retained data for service providers of electronic communications.
Let us suppose, first of all, that a person who has access to retained data wishes to identify all the individuals in the Member State who have a psychological disorder.
According to that government, in the investigations aimed at dismantling the networks which organise the departure of French residents to conflict zones in Iraq andSyria, access to retained data plays a crucial role in identifying the people who facilitate those departures.
The directive further states that access to retained data must be defined by the internal laws of each Member State, that these provisions must comply with the European Convention on Human Rights and must, of course, respect the principles of proportionality and necessity.
Having said that, it seems reasonable to me to consider that, in specific situations of extreme urgency, such as the United Kingdom Government has referred to, there may be justification forlaw enforcement authorities to have immediate access to retained data, without any prior review, in order to prevent the commission of a serious crime or so that the perpetrators can be prosecuted.
The procedures to be followed and the conditions to be fulfilled inorder to gain access to retained data in accordance with necessity and proportionality requirements shall be defined by each Member State in its national law, subject to the relevant provisions of EU law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights.
The second sentence states that‘[t]he procedures to be followed and the conditions to be fulfilled in order to gain access to retained data in accordance with necessity and proportionality requirements shall be defined by each Member State in its national law, subject to the relevant provisions of European Union law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights'.
The procedures to be followed and the conditions to be fulfilled in orderto gain access to retained data in accordance with necessity and proportionality requirements shall be defined by each Member State in its national law, subject to the relevant provisions of European Union law or public international law, and in particular the[European Convention on Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950,] as interpreted by the European Court of Human Rights.'.
The proposal leaves the choice to the Member States of which authorities should have access to data retained and under which conditions.
Under Article 4 of Directive 2006/24,only the competent national authorities are allowed access to the data retained, which means that it is not necessarily only the judicial authorities that have such access. .
Issues of access to data retained pursuant to this Directive by national authorities for such activities as are referred to in the first indent of Article 3(2) of Directive 95/46/EC fall outside the scope of Community law.
Likewise, the competent national authorities to whom access to the retained data has been granted must notify the persons affected, under the applicable national procedures, as soon as that notification is no longer liable to jeopardise the investigations being undertaken by those authorities.
Such a framework would consist of“a more flexibleapproach to one of the three aspects identified by the Court(such as access to the retained data) may be compensated by a stricter approach to the other two aspects(the retention period and the security and protection of the data)”.
Accordingly, Section 1 of DRIPA is not compatible with the Charter as it does not lay down clear and precise rules providing for access to anduse of retained data and because access to that data is not made dependent on prior review by a court or an independent administrative body.
In particular, the Commission should ensure more harmonisation in specific areas, such as: the measures ensuring the respect for fundamental rights and freedoms, including the data retention periods, the purpose limitations,as well as the necessary safeguards to access retained data and protect personal data. .
Lastly, I would add that, from a practical point of view, none of the three parties concerned by a request for access is in aposition to carry out an effective review in connection with access to the retained data.
Similarly, a national regime that provided for a retention period of three months and the retention of the data in encrypted form within the national territory(representing a strict approach to retention period and security),but which allowed all employees of all public authorities access to the retained data(representing a flexible approach to access) would expose the entire populationto a significant risk of abuse on the part of the national authorities.
The difficulty which Directive 2006/24 raises, I would again like to repeat, is that it is a directive which seeks onlyto impose an obligation on the providers of electronic communications services to collect and retain traffic and location data for electronic communications, not to lay down the safeguards which must govern access to the retained data and their use.
However, on the other hand, it is imperative to‘oblige[the government] to control itself',with respect to both the retention of data and access to the data retained, given the grave risks engendered by the existence of databases which encompass all communications made within the national territory.