The ILP Lab drafted a report for European Digital Rights initiative (EDRi) on mandatory data retention in Europe. Although the Data Retention Directive was invalidated thanks to legal action brought forward by EDRi member Digital Rights Ireland, many of the national implementations of the defunct Directive remain in place with no prospective of invalidation.
Data Retention Revisited explores the history of data retention in Europe, the legal framework and the impact of data retention practices on fundamental rights. This includes the intrusiveness of metadata and the stifling effects on freedom of expression. It explores how necessity and proportionately fit into data retention practices (including voluntary ones), as well as its effectiveness (is mass surveillance even useful?) showcasing problems such as false positives and “technological solutionism”.
The booklet was written by ILP Lab researchers Melinda Rucz and Sam Kloosterboer.