Erna Solberg data storage can be torpedoed – Bergens Tidende

Telenor fears that Erna Solberg’s warranty policy has little value. In an internal legal memo from Telenor called rules, which are designed for data storage, unclear.

– It’s almost comical about the police, to escape the paper mill with court proceedings, can only continue as before and get access to traffic data. The requirement of court proceedings, which were proposed because of the Data Retention Directive, is a system very easily bypassed, says Chief Jørn Bremtun in Telenor.

Stops data storage

Swedish data and telecommunications businesses stops all data storage after the Directive was invalid.

Get easy access to day

Today the police may request access to traffic data, such as telephone companies hold about their customers for up to five months without the right treatment. Post and Telecommunications Authority may suspend the confidentiality of each case, after a request from the police or prosecutors. It created the impression that this would stop the Data Retention Directive.

Government informed Parliament on Friday that it “will carefully review the judgment to see if there is a need to make changes in the rules for data storage from April in 2011. Prime Minister Erna Solberg said in Parliament last Wednesday that the regulations for data storage can be made to Norwegian law, although the data storage directive has been declared invalid by the European Court. She believes the high level of domestic conditions Parliament adopted in 2011 captures many of the objections from the European Court of Justice.

tribunal procedure

– The question is what kind of national law we should have come, and we will keep the laws which we designed to implement the directive, said Erna Solberg. She stressed that Norway has solved many of the challenges facing the European Court pointed out to the security around the collected data “and that there should be judicial proceedings to retrieve the information when the police should have them.”

But if these are the opinions shared.

Telenor wrote in the memo that police and prosecutors “on several occasions” have said that they can request access to traffic data for the current regime, “without taking into account the data storage requirements for including trial and sentencing. “

Unlucky for privacy

conclusion is that” it would be unfortunate “to have such uncertainty about customers’ legal rights and privacy.

note In June 2013 submitted to the Ministry of Transport, who sent it on to the Justice Department. Telenor has still not received a reply, which will be because the government has waited EU proceedings of the Data Retention Directive.

One thing is uncertainty about the content of the national regulations, otherwise if there is a legal basis for introduce a regulatory framework based on an EU directive declared invalid. The directive is based namely on one of the EU’s central policy directive – Privacy and Electronic Communications Directive.

Delete obligation to storage

Ministry said that “the general rule in the Directive is a clear duty of data. The directive was established as an exception to this. When the exception is declared invalid, are left with plain duty as a rule. However, there is some room for exceptions also for communication protection directive. The question then is which national leeway they have to establish their own rules on data retention, in light of both the European Convention on Human Rights and including communications protection directive. “

Communication Protection Directive provides an opening for data storage, due partly to fight crime, but EU Court decision provides a new legal situation that must be considered carefully.

Ministry stated that “there is at least true protection for occupations that handle confidential information, such as doctors, lawyers and priests, as well as source protection to journalists. The lack of protection for these groups is emphasized by the European Court. This is not handled in the Norwegian regulations. “

Sprik government

Transport Minister Ketil Solvik Olsen said Friday Dagbladet that the government has put the case on hold. When “there is no point in investigating something that does not exist. Now we have to start at the issue from scratch, “he said.

same time, ie the Prime Minister informed Parliament that it will go through the judgment of the EU, to see if there is a need to make changes to the legislative work performed. It is therefore an open question who is right – if future legislation is similar to already approved, or if the whole work must begin again.