39C3

Both within the EU as well as nationally in Germany, there exists a renewed drive to implement data retention, a practice struck down by the ECJ and discontinued in many national legislations. In parallel, cross-border access to stored data has been mandated within the EU as “e-evidence”, and will soon be extended to 90+ countries under the umbrella of the EU cybercrime convention. In principle, all data stored by service providers will be available to law enforcement as part of a criminal investigation. The timing of both initiatives is not coincidental, as access to data naturally relies on the availability of data.
The talk will address the state of play on data retention in various legislations, and introduce the practice of cross border access to stored data by law enforcement as well as its shortcomings and threats to privacy and confidentiality.