Estonia to limit telecommunication data retention obligation
Markko Künnapu, a criminal law adviser at the Ministry of Justice, highlighted the challenges faced by the Court of Justice of the European Union (CJEU) regarding data retention policies. The CJEU has suggested two potential methods for retaining communications data: by categorizing individuals or by geographical areas. Künnapu expressed concerns about both options, noting that it is difficult to ensure data retention is confined to specific territories without crossing administrative borders. Chief State Prosecutor Taavi Pern added that targeting high-crime areas could lead to complications, as various factors, such as weather and technical issues, may affect data collection and coverage.
The discussion around data retention is further complicated by the need to balance privacy rights with national security. Künnapu acknowledged that retaining data from selected individuals raises concerns about discrimination and the practical challenges telecommunications companies would face in determining which data to keep. Pern pointed out that while it may seem feasible to focus on repeat offenders, the reality is that criminals from other countries may not have their profiles recorded in Estonia, resulting in gaps in data retention.
Despite the complexities, Künnapu emphasized that the general obligation to retain communications data for criminal proceedings cannot continue. Instead, data retention may need to be limited to what telecom companies keep for commercial purposes. This shift could reduce the tools available to investigative bodies, but according to Pern, it should not significantly impact current practices, as the Prosecutor’s Office has mainly requested data that is already retained.
The CJEU has made it clear that mass data collection for security reasons is not permissible, and any data retention must be justified by an immediate threat to national security. Künnapu noted that the Estonian government is working to amend laws to comply with these requirements, but finding a suitable solution that satisfies all authorities and aligns with EU regulations remains a challenge. The Ministry of Justice has been engaged in discussions to address this issue, but no definitive solution has been reached yet.
Source: Estonia may limit data retention obligation to specific areas, groups
