Data Retention Law

PixelTrawler

Not specific to broadband but to telco in general.

Does anyone know if this new law is fully in effect.
http://www.edri.org/edrigram/number3.5/ireland

Are the isp's retaining full logs of every user for 3 years under these new directives. Above article explains it better then i could so its worth a read.

Are these logs then fully accessible to the authorities?! Why arent we being informed by our service providers. I would consider this a major invasion of privacy.

Worth doing a google search on the words "Data Retention Ireland"

aidan_walsh

Joebloggs4817 wrote:

Not specific to broadband but to telco in general.

Does anyone know if this new law is fully in effect.
http://www.edri.org/edrigram/number3.5/ireland

Are the isp's retaining full logs of every user for 3 years under these new directives. Above article explains it better then i could so its worth a read.

Are these logs then fully accessible to the authorities?! Why arent we being informed by our service providers. I would consider this a major invasion of privacy.

Worth doing a google search on the words "Data Retention Ireland"

If its the law, then chances are the telecoms don't have to stipulate it in the contract, and thus don't have to tell you about it. And with many of them, if they don't have to, they won't. Simple as that.

PixelTrawler

scary stuff though - your browsing habits and mobile phone location being retained for 3 years! talk about police state - I think this could get challenged under the European laws relating to Human Rights though

Infini

Irish Justice Minister = Internet Gestapo. :mad:

CyberGhost

damn! so they must know how much pr0n I've downloaded...

and this is just ridiculous, while other countries improve their services, Ireland is getting more squeezed and squeezed

mneylon

There is a lot of talk about this legislation at the moment. As a user you may find the legislation to be worrying, but from the ISP perspective retaining that amount of data is a logistical nightmare.

mneylon

Infini wrote:

Irish Justice Minister = Internet Gestapo. :mad:

The legislation comes from the EU not just Dublin.

Goldstein

I'm glad someone brought it up, I've been wondering about this one recently.

Under section 4 of the data protection acts 1988 and 2003, you can make an access request to any organisation or any individual who has personal information about you. There are some obvious exceptions under section 5 such as criminal records / medical records and so on, the most pertinent of which is: (source: data protection commissioner)

If the information is kept for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders, ... but only in cases where allowing the right of access would be likely to impede any such activities.
Comment: It would obviously be unacceptable to allow a criminal suspect to see all of the information kept about him by An Garda Síochána, where this would be likely to impede the effectiveness of the criminal investigation. On the other hand, however, if allowing an individual access to personal information about him or her would not be likely to impede an investigation, then the access request would have to be complied with.

Furthermore, you also have the right to erasure and blocking of this data:

...In some circumstances, you may also have the information erased altogether from the database - for example, if the body keeping the information has no good reason to hold it (i.e. it is irrelevant or excessive for the purpose),...You can exercise your right of rectification or erasure simply by writing to the body keeping your data.

So, what if you were to write to your ISP and ask that they erase all data concerning your internet usage (Assigned IP addresses, files downloaded et cetera) up until your last/penultimate paid bill, for instance. They have no logical need or cause to hold the data as you've paid your bills and any logs or records pertaining to periods of usage which you have already paid for, would seem to be entirely superfluous.

Would this place the ISP in an even greyer legal area should an individual one day be brought to court (by say a record company/movie company/recorded music association) after the ISP disclosed this personal information (albeit through a court order) which the individual had priviously legally requested to be erased?

jesus_thats_gre

CyberGhost wrote:

damn! so they must know how much pr0n I've downloaded...

and this is just ridiculous, while other countries improve their services, Ireland is getting more squeezed and squeezed

To be honest, Ireland is probably no different in this area!!

PixelTrawler

blacknight wrote:

The legislation comes from the EU not just Dublin.

err... no it doesnt.... Mcdowell claimed ireland was being forced to move on this when it turns out they are one of the 4 member countries trying to drive it through - hard to claim their hand is being forced then. Plus the original directive in 2002 didnt even include data retention for 3 years... this was something else they tacked on this year

http://euobserver.com/?aid=19003&rk=1

... did I mention this includes your emails too