Data retention frameworks refer to the regulation of what data should be stored or archived, where that should happen, and for exactly how long. The obligation of data storage stems from the possibility of law enforcement authorities to request such data to Electronics Communications Services Providers at any time.

In light of the current discussions within the High-Level Group on access to data for effective law enforcement, EuroISPA has published this Position Paper on Data Retention. This paper is a testament to EuroISPA’s collective dedication to identifying the practical, operational and economic consequences and challenges of data retention at both the national and cross-border level.

Allowing law enforcement authorities to prevent and prosecute serious crimes needs while safeguarding the fundamental rights of users and electronic communications services providers is not an easy task, as shown by several rulings of the Court of Justice of the EU. EuroISPA has put together a list of imperative requirements to provide guidance on how to achieve the right balance between the interests and obligations of all parties involved.

EuroISPA, a pan-European association which represents over 3,300 Internet Services Providers (ISPs), works to advocate for the needs both of the wider industry and of users. This position paper is one example of how the association’s members work together to draft recommendations for EU policy makers that can be implemented by the industry in order to tackle the issue at hand.