IT&Telecom companies' views on the report Data Storage and Privacy (SOU 2015:31)
IT&Telekomföretagen has been given the opportunity to submit a consultation response to the report Data Storage and Privacy (SOU 2015:31). The consultation was received from the Ministry of Justice.
Executive summary
According to IT&Telekomföretagen, the investigator has not taken sufficient account of the signals from the European Court of Justice, which we believe show that the protection of privacy and personal integrity must weigh very heavily when privacy-invasive legislation is being considered. Storing traffic data for all electronic communications must in itself be seen as a significant intrusion into personal privacy. IT&Telekomföretagen believes that Sweden must ask itself whether this extensive monitoring and registration of all electronic communications is really necessary in the rule of law in Sweden.
The CJEU ruling shows that law enforcement should not automatically always be given more weight than the protection of privacy when laws are made. IT&Telekomföretagen expects the legislator to rethink these issues and that a regulatory framework adapted to the CJEU's ruling is developed that is uniform, clear and developed in consultation with the operators concerned. However, all legislative work should await the preliminary ruling of the European Court of Justice and the judgment of the Administrative Court of Appeal.