This article was first published in the Journal for Internet Law Magazine.
Berend analyzes the tension between retention and removal obligations internet providers have with respect to traffic data for subscribers, and in particular how third parties are increasingly trying to use this data for evidence purposes. The article puts these obligations in to perspective against a recent ruling of the European Court of Justice.
In this ruling, the ECJ stated that the traffic data, which an internet provider is obligated to store in order to aid national authorities for the purpose of investigation, detection and prosecution of serious crime, may be requested by third parties. This is only possible however, if been addressed in national legislation. Berend rightfully addresses the tension between the general removal obligations and inability to (further) use traffic data for internet providers, while even third parties may use the data that is stored for different purposes. Read more (Dutch)